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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3212088PURCHASE ORDER PO Number Page City Of 3212088 1 of 2 ` This number must appear F6rt Collins " 1 on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 103941 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS ** CIS ** 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/11/2012 Buyer: OPAL DICK 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 Extended Ordered Price 2012 Light & Power Barricades 1 LOT LS 55,000.00 Q. 0!ls-9kLF- 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 we Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local tames. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 mod specifications, either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of wrincn instructions Firm the City of Fan Collins. Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival. 11. NONWAIVF,R. Failum of the Purchaser to insist upon strict perfomntrce of the terms and conditions hereof. failure or delay to csemise any rights or remedies provided herein or by law, failure to pmmpily notify the Seller in the Bent of a breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wmmntics or obligations of this purchase order and shall not be devoted a waiver of any right ofthe purchaser to insist upon strict performance hano for any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiv'cr of any of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in resportsc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seiler and the Purchaser recognize that in actual economic practice, nvercharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required 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 now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO S0522, 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 Order. bill must accompany immice. Additional charges for packing will not be accepted. 13. PURCI IAS ERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mane faemrom have distributing points in various parts of the Country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective Sands by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perf umcd by the most expeditious means available to it, and the Seller shall pay all costs ossucimcd 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 rules of the state, municipality, territory, or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction aver the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, piles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Nuns 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 terns 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 on your premised delivery date as noted. Time is of the, essence. Delivery and perfnrmancc 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 of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for clan as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such act ofGod, acts ofeivil or military authorities, governmental priorities, finis, strikes. Brad, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seiler first rncived 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 of the delay. 3. WARRANTY. The Seller warrants that all good,, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/err other descriptions given, will be fit for the purposes 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 fmm any lass, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast 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 of any applicable warranty, provided by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grad by the Purchascr shall not constitute a waiver ofnny claim under this warranty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL. TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities, originally ordered in the sp xificatiors or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hemunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, wmaiinate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment between the panics as to any mark or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anchor 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 Sellers standard stock. No such rcmtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Farm the date the change or Icmnination is ordered. 8. 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 arc subject. The Seller shall execute and deliver such documents as may he required to effect orevideace compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmdess From all costs and damages suffered by the Purchaser os a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prim written consent ofthe other parry. 10. TITLE. The Scllcr womnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in peafnrmanec of this agreement face and clear of any and all liens, restrictions, rescrvxtions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from nil liability and eloinns of any nature resulting from the performance ofsuch work. This release shall apply even in the event of Fault of negligence of the parry released and shall extend to the dircelots, officers and employees Of Such parry. The Seller's cnntmdual obligations, including warranty, shall not be duotcd to be reduced, in any way, because such work is performed or caused to be perfommd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, rmdcnmrk or copyright, be Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the contract, and shall indemnify the Purchaser for tiny cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution at after the completion of the work. In case said equipment, at 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 procure for the Pumhosu the right to continue using said equipment or pans, replace the same with substantially equal but nrminfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchascr without liability. 16. COVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights nfall parties hereunder shall be consimcd under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in casts where the Scllcr is to perform work hcreandu. including the services of Sellers Rcpresentative(s), on the pmmiscs of mhos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wnik at Seller's own dsk until the same is fully completed and accepted. and shall, in case of any nuident. destruction or injury to the work and/or materiah before Seller's final completion and recepinnce, complete the work at Seller's own expense and to the satisfaction ofthe Purchascr. When materials and equipment are 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. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of oodons 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 laws of the state in which the work is to he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with buddy injury and death limits of at least S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insuance. Reform any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall Popish 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 provided. Such certificates shall specify the dare 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 for any and all damage. Inc or injury ofany kind Or nature whatsoever to persons or property caused by at resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless the purchaser and any or all of the Purchasers om<cra, agents and employees Farm and against tiny and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser 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 officers, agents or employees. In case any suit of 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 Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and rill judgments that may be incurred by or obtained against the Purchaser or any of its or their omcem. 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 Purchascr, or said panics in or as a result ofsuch suits or other pmcccdings. 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 regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thercm. Revised 03/2010