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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9110150 (2)PURCHASE ORDER PO Number Page City OfCollins ��� 9110150 of 2 `t COI` lI ns This number must appear on all invoices, packing slips and labels. Date: 12/20/2011 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS .. cis .. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 01/05/2011 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF ODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT ALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AlD NqTAPROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH( 90S AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price 7 Street & Bridge Maint Sery 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 1 LOT EA Total Invoice Address: 17,000.00 17,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04562. Federal Excise Tax Exemption Ccrtlficam of Registry 94-600050 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (r), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deecs of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection, GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to exercise any rights or violate, provided herein or by law. failure to promptiv notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wur nliex or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perlrmmnee hercoformy of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting Tom antitrust ACCEPTANCE is dependent upon completion ofall applicable squired inspection procedures. violations are in fact borne 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 bacana Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitmet Imes for such overcharges relining to the particular goods or services otherwise specified on this order. If pertmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. hill must accompany invoice. Additional charges for packing mill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is Itlhe Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made firma greater distance may cause the work to be pafrrmed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure al sellers sole cost all necessary permits, catifieates and licenses required by all applicable lams, regulations. ordinances and ales of the state. municipality, territory or political subdivision where the work is performed, Or required by any other duly constituted public authority having jurisdiction over the murk of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the represendtivcs are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temw and conditions annexed Facto 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 immedimdy if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be cfTcctcd within the time stated on the purchase order and the documents artached hereto. No acts of the Purchasers including. without limitation, acceptance ofix rrial late deliveries, shall operate as a waiver of this prevision. In the event 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. Ilosvcva, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negl igcnce. such acts of God, acts of civil or military authorities, governmental priorities, fires. strikes, flood, epidemics w'a is or riots provided that notice of the conditions cursing 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 delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3,WARRANTY. The Seller waran s that all goods. articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam 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 on expense which the Purchaser may suffer or incur on account of the Shc.rs breach of warranty. The Seller shall replace, repair er make grad, without cost to the purchaser, any defects or faults arising within one (I) year of within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller ana the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonahly delayed), resulting from imperfect or defective work done err materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofnny claim under this warranty. Except as otherwise provided in this purchase order, the Sellas liability hercenda shall extend to all damages proximately caused by the breach of any of the foregoing wmmntics or guamntces, but such liability shall in no event include loss ofpmfits at loss of us. 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 terns, other than legal terns, including additions to or deletions font the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any soh change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser 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 parties as to any work or materials then in pogrc<s provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads 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 termination shall relieve the Purchases or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or tcrmmmion is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated hacin by this reference. The Seller agrees to indemnify and hold the Purchase harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure in comply w'ilh 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 of the other parry. 10. TITLE. The Seller warrants full, clear and unrcstrietcd title to the Purchaser total] 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 ofothem. The Seller shall release the Purchaser and its contmctors c f nay net from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pain' released and shall extend to the directors, officers and employees of such party. The Sclla's eontradual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is perforated or caused to be pallarmrad by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covered by letter. patent, trademark or copyright, the Seller shall indemnify and save harndess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhnxa for any cost, expense or damage which it wry be obliged to pay by reason of Bach infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment, or any part thereof or the intended as, of the goods, is in such suit held to constitute infringement and the use of said equipment or purl is enjoined, the Seller .shall. at its own expense and at its option, either procure for the Purchaser the tight to continue using said equipment or parts, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringmg, 15. INSOLVENCY. If the Seller shall beconw insolvent or bankrupt, make nn assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller, property or hnsiness, this order may fbrthwilh be canceled by the Purchaser without liahitty. 16. GOVERNING LAW, The definitions ftam, used ar the interpretation ofthe agmemem and the rights ofall parties hereunder shall be constmed under and gmemc l by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to pafomu walk hereunder. including the services of Scllcrs Rcpreaenativas), on the premises nfuthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injurer to the work and/or materials before ScileA Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase. When materials and equipment arc furnished by ethers far installation or creation by the Seller, the Seller shall receive, unload, ,lure and handle same at the site and become responsible Ihemfor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkem compensation, including eeeupelional divas benefit,, to its employ... employed oa or in connection 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 Seller shall also carry comprehensive general liability including, has not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least Sa00.000 for any one person. S500,000 for any one accident and property damage hod per accident of S400,000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss nfohcrs. the Seller shall furnish the Purchase with a certificate that such compensation and insurance hove been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecrtificales shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until afict the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcspon,ibility, and liability for any and all damage. Ins, or injury ofany kind or nature whatsoever to persons or property caused by Tor reselling fmm the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, 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 Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the par of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its officers. 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 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 Scllcrs man expense, to pay any and all costs, charges, amomeys fees and other expenses, any and all judgments that may be incurtcd by or obtained 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 property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond nr otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of rccidents, comply with all laws and regulations with regirl to s ictry including. but without limitation, the Occupational Safety and health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010