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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 3212072City Of PURCHASE ORDER PO Number IPage 3212072 1 t of 2 `t Collins This number must appear ` �7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103941 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS " cis.* 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price Construction Services 1 LOT LS 100,000.00 Annual Total $100,000.00 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 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.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terris and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and Inch taxes. Our Exemption Number is 9R4)4502. Federal Exeisc Tax Exemption Certificate of Registry 84-00M587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to racer specifications, either when shipped or due to defects of damage in transit, may be mounted to you for credit and am not to be replaced except upon reccipt of written instructions from the City of Fort Collins. Inspection. GOODS me subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist apart strict performance of the tans and conditions hereof. failure or dclav to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the cent Of a breach. the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of tiny of the wamntics or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe purchaser to insist upon strict performance hercofar any of its tights or remedies as to any such gorak, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modiGertinn or rescission of this purchase order by the Purchaser apemm as a waiver of any write toms hen.f. Final Acceptance. Receipt of the merchandise, services or equipment in respnroc to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However. it is to be understood that FINAL Seller ind the Purchaser recognize that in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection pmcedures. violation' ire 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 hereafter Freight Terns. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fan Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the panicular goods or services otherwise specified on this order. If remission is given to prepay freight and charge separately, the original freight parehxwd or acquired by the Purchaser pursuant to this purchase order bill must accompany invoice, Additional charges for packing will not be acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where msaufzcturors have distributing points in various pans of the country, shipment is Tithe Purchaser effects the Seller In correct nonconforming 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 ar unwillingness to comply. the Purchaser shipments are made farm greater distance. may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all costs associated with such Work. Permits. Seller shall practice at sellers sole cast all accessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state. municipality, territory or political subdivision where the wark is perfumed, to required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins M1amlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ndcs and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona file and possess fall and complete nuthority to bind said parties. LIMITATION OF TERMS, This Purchase Order espoessly limits acceptance to the terms and conditions stated herein set Wnh and any mpplcmcnmry or additional tans and conditions annexed hereto or incorporated herein by mfcrence. Any additional of different tans 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 promised delivery date as noted. Time is ofthe 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 ofpar ial 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 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 are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller firs) received knowledge thereof. In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed 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 fmm any Ines, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year 0, within such longer period of time as nmy he prescribed by Iry or by the terms ofany applicable warranty provided by the Seller ancr the date of acceptance of the goods furnished hereunder (acceptance not to be u immmnihly delayed), resulting forma imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this warn my. Except as otherwise provided in this purchase order, the Sellers liability hefeunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass ofprafits or loss arose. 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 am, changes to the terms, other than legal terms, including additions to or deletion firma the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by written change order, ramna itc this agreement as to any or all portions of the gads then not shipped, subject as, any equitable adjusrment between the parties as to any wok or materials then in pmgrcss pmvided that the Purchaser shall not be liable for any claims for anticipated profits no the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which arc the Sellers standard stock. No such temnaution shall relieve the Purchaser or the Seller ofany oftheirobligations as to any goods delivered hercundcr. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or emanation is odemd. R. 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 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 be incorporated in agmenner s of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall aaign, transfer. or convey this order, or any monies due or to bosom due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnty 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 of mhos. The Seller shall release the Purchaser and its canttactors of any tier fmm all liability and claims of any nature resulting from the performance ofs¢h work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofmch parry. The Seller's contractual obligations, including wamnty, shall not be deemed to he reduced, in any way, bcceusc 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 process covered by letter, patent, trademark on copyright, the Seller shall indemnify and save harmlcc the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or process in connecion with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be abliged 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 of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, tither procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall became insnlsrtn nr bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperry or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used .,the interpretation ofthe agreement and the rights ofnll parties hereunder shall be constmed under and governed by the laws ofthc State of Colomdo. USA, The following Additional Conditions apply only in cases where the Seller is to perform week hereunder, including the services ofShcors R finowntative(O. on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the sane is fully completed and accepted, and shall, in ease of any nee dent. destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equip ntcut tic furnished by others for installation or erection by the Seller, the Seller shall receive, unload, 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. IR. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease bencfts, 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 laws 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 immnnec .with bodily injury and death limits of at least S300.000 for any one permn. S500,000 for any one accident and pmreny damage limit per accident of S400.000. The Seller shall likewise require his contractors if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a cenifiu+tc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such cantpcnsation and insurance expires, The Scllcr agrees that such compensation and insurance shall be maintained until aver 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 of any kind or nature whatsoever to persons ar property caused by or resulting main the csecutam ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ail of the Purchasers offcm.. agents and employees from and igninst any and ill 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 dcrnalt on the part 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, at its Officers. agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller ofany of his contractors or any of its or Ihcir aff¢crs. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the seine of the Sellers own expense, to pay any and all costs, 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Scllcr 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. famish and install all guards necessary for the rmvention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatinual Safety and Health Act of 1970 and all rules and regulations issued pursuant thcmto. Revised 0312010