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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9120681PURCHASE ORDER PO Number Page City Of 9120681 1 of z F6r} Collins This number must appear �.I ` 1 1 on all invoices, packing slips and labels. Date: 02/01/2012 Vendor: 103941 Ship To: WATER UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS ** CIS ** 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price STREET CUT PERMITS 1 LOT LS 8,812.37 56699 Total $8,812.37 0 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax csemptu ns. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excisc Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector Of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (o). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt Of wrule,, instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict palomrance of the terms and conditions hereof. failure or dclav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the excal of o breach, the acceptance of or payment for goods hereunder or appros:a] oflhe design, shall not rcicase the Seller of any of the warranties or Obligations of this purchase order and shall not be deonred a waiver of any right of the purchaser to insist upon strict paf-u ranee herenf 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 not nmodi0cation or rescission of this purchase order by the Purchaser Operate as a waiver of any of the terms herenf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autha ized payment on the part of the City of Fort Collins However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting fmm antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdures. violations are in fact borne by the Purchaser. Theretofore, for gad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may now have or haca0cr Freight Tetras. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges riming to the particular goods or services otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE; OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmters have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by n date to be as cad upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means n mfirdihe to it, and the Seiler shall pay nil costs assOcia ed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, catificates and Iicen5cs required by all applicable laws. regulations, ordinances and mles of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction user the work of vendor. Seller further tomes to hold the City of Fort Collins formulas form 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 requirement,. Autharivation. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tams and conditions annexed herein or incorporated herein by reference. Any additional or different tents and conditions proposed by seller are objected to and hereby rejeclvxl. 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 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 )imitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchascr, shall have, in addition to other legal and equitable remedies. the option nfplacing this order elsewhere and holding the Seiler liable for damages. However, the Sella shall not be liable for damages as a result of delays due to cause, not reasonably forcsecable which arc beyond its reasonable control and without its fault ofncgligcncc, such act,, ofGod, acts ofcivil or military a nhontics, governmental priantica. Fifes, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any,uch delay, the date of delivery shall he 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 conform with applicable drawing,. specifications, samples and/or other descriptions given, will be fit for the oup scs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree, to hold the purchaser harmless firm any toss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwenanry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warznry provided by the Sella a0cr the date of acceptance of the goods furnished hncunda (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goad, by the Purchascr shall not consti rule a waiver ofany claim under this wnranry. Except as otherwise pmvidcd in this purchase order, the Sellers liabi [try hereunder shall extend to all damages proximmdy caused by the breach ofany of the foregoing wa..ties or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR M ERCB ANTA BILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terns, including additions to or deletions from the gnarnifc, originally wdemd in he Specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance 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 Progress presided that the Purchase, shall ram be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to tiny goods which are the Scalers standard stock. No such termination 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 fmm the date the change or termination is mdemd. S. 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 be required to effect or evidence compliance. All laws and regulations required to he inoprpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 prior wnterr consent of the other party. 10. TITLE. The Seiler sermon; full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in pefam once of this agreement. free and clear of any and all liens, restrictions, reservations security intemst encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsueh work. This rcieace shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such parry. The Seiler', contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchusa. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process entered by letter. patent, tmdcnmrk or copyright, the Seller shall iadenmify and save harmless the Purchascr from any and all chums for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchascr 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 ofthe work. In core 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 at part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the mine with substantially equal but noninfringing equipment, or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bonkmph make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properry er business, this order may forthwith he canceled by the Pamha,a without liability. Ib. GOVERNING LAW. The definitions oflemm, used Or the interpretation ofthc agreement and the rights ofall parties hereunder shall be consumed under and govcmcd by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rcpresentatimask on the ptemiws ofothas. 17. SELLERS RESPONSIBILITY. The Seller shall cam On said work al Sellers own risk until the same is fully completed and accepted, and shall. in case of any accidcal. dcstn¢tion 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 equipment are fhrnishcd by others for installation or ereclion 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 Scllcr under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers conmpensation, 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 be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least S300,IXH1 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 Stich compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhcrs. the Scllcr shall furnish the Purchuscr .with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dare 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 aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the cntim responsibility, and liability for any and all damage, loss or injury of any kind Or nature whatsoever to persons or property, caused by or resulting From the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oRcas. agents and employees from and against any and all claims losses. damages, charges or expenses. whether direct or indirect. and whether to persons or pmperly to which the Purchascr may be pm 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 Scllcr or contractors officers, agents at employees. In case any .suit or Other proceedings shall be bought against the Purchascr, or its oRcers, agent, 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 all judgment, that may be insured 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 of the Purchnscr, or said parties in or as a result of such Suits or other proceedings the Seller will at once cause the same In he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all Safely precmdions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thasto. Revised 03/2010