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HomeMy WebLinkAbout117704 COLORADO DEPARTMENT OF TRANSPORTATION - PURCHASE ORDER - 9120540 (2)PURCHASE ORDER PO Number Page City Of 9120540 1 of z `t Collins I n �+ This number must appear " �7 on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 117704 Ship To: ENGINEERING DIVISION COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS 4201 E ARKANSAS AVE ROOM 212 281 N COLLEGE AVE DENVER Colorado 80222 FORT COLLINS Colorado 80521 Delivery Date: 01/27/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1-25/SH 392 Interchange Per Inv.#1800003204 C3. O✓la.�aQ� 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 LS 157,945.53 Total $157,945.53 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. COMMERCIALDETAILS. Tax exemptions. By stand the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 99 W502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 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 racer 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 written instructions farm the City of Fort Collins. Inspection. GOODS am subjcct to the City of Fort Collins inspection on arrival. IL NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in The event of a breach, the acceptance of or payment for goods hercutMer or approval of the design, shall not release The Set let of any of The wammics or obligations of this purchase order and shall not be dmmed a waiver of any right of the purchaser In insist upon strict performance hereof or any 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. nor shall any purported oral modifieal ion 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 pan 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, vinlation, are in fact home by The Purchaser. Theretofore. for good cause and as consideration for esecating this purchase order, the Seller hereby assigns to The Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mat be F.O.E., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522. naless 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 Parehoscr pursuant to This purchase order% bill must accompany invoiec. Additional charges far packing will not be accepted. Shipment Distance. Where manu Gcturcrs have distributing points in various parts of the country, shipment is expected farm the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments ore made from greater distance. Permits, Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss from and against all liability and loss incurred by them by reason craft asserted or esdblished violmine of am, such laws, regulations, r elinonees. roles and requirements. Authorization. All panics to this contract agree that the rcp rs, fdativcs are, in fact. bona fide and possess fill and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplcanummy Or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diRbrent mmu and conditions Imposed by seller are objected refund hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on year premised delivery date as noted. Time is ofthc essence. Delivery and performance must he effected within the time stated on the purehasc order and the decanters attached herd.. No acts of the Purchasers including. without limitation, acceptance ofportial Ire 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 remcdia, 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 fnewecable which arc beyond its reasonable control and without its fault ofaegligenee. such acts ofGod, act of civil or military authorities, governmental priorities, fires. strikes. flood. epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of the time when the Seiler first received knmvlcdge 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 wemnts that all goods, articles, materials and wad, covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, win 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 from any loss, damage or expense which the Purchaser may stiffer or incur on account Of the Scllers breach of wamnty. The Seller shall replace, repair or make good, aithoul cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the terns array applicable wamnty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting Omni imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the Ramping warn dries or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal toms 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 originally erected in the specifications or drawings, by verbal or %, iuce change Order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. fi. 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 hi any equitable adjustment between the parties as to any work or materials then in progucss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of The goad 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 are the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller namntc 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 good 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indcmnify and held the Purchaser homeless from all costs and damages suffered by the Purchaser as a result of The SCI1CM flidure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or cnnvcy this order, or any monies due or to become That hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear mu1 unre,ancted title to the Purchaser for all equipment, materials, and items furnished in perfer ance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingmss to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall Pay all east, associated with such work. The Seller shall release the Purchascr and its contractors array per From all liability and claims of any nature resulting from the perfurnmee of such work. This mlcasc shall apply even in the event of fault of negligence of the party released and shall extend to the dirccnam otBcers and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not be deemed to he reduced, in any ,say, 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 process covered by letter, patent, trademark or copyright. he Seiler shall indemnify and save harmless 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 indcmnify the Purchaser for any cost, expense or damage which it may be 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 pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of slid equipment or part is enjoined. the Seller shall, at its own experxe and at its option, either 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn, used of the interpretation ofthe agreement and the rights ofall panics hereunder shall be cnnmm.l under and groomed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfsm work hereunder. including The services of Scllcr, Reptescntative(s), on the premises archers. 17, SELLERS RESPONSIBILITY. I he Seller shrill 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 injury to the work and/or materials before Scllcr', final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle rams at the site and become responsible therefor as though such muteriak and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his we expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on of 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. cormaemal and automobile public liability insurance with bodily injury and death limits of at least S300.01N1 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 insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser 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 date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until fret 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 crony kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthe work pmvidcd for in this purchase Order or in connection herewith. The Seller will indcmnify and hold hamess the Purchaser 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 property to which The Purchaser may be put or subjcct by reason army act, action, neglect, omission or default on the pan of the Seller, any of his contractors or any of the Scllers or contractors officers, agents or employees. In case any suit or other procecings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason array 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 rind to defend the same at the Sellers own expense, to pay any and all costs, charges attomcys fees and other expenses. any and all judgments that may be incurred by of obtained against the Purchaser or any of its or their affects. agents or employees in such suits or other proccedings, and in case judgment or other lien be placed upon or obtained against the property ofthc 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 laws and regulations with regard to safety including. but without lintitntion. the Occupational Safcryand Hculth Act of 1970 and all Titles and regulations issued parsuant thereto. Revised 03/2010