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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9121105PURCHASE ORDER PO Number Page City Of///��� 9121105 1 of z `t Collins I n C This number must appear " J on all invoices, packing slips and labels. Date: 02/22/2012 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: 02/22/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 CONTRACTUAL- 1 LOT LS 3,000.00 2 Other Prof & Tech Services 1 LOT LS 1,000.00 3 Other Prof & Tech Services 1 LOT LS 10,000.00 4 Other Prof & Tech Services 1 LOT LS 10,000.00 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 11, 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 $24,000.00 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 L COMMERCIAL DETAILS. Tax cxemptinns. By stature the City of Fnn Collins is exempt room state and Ioeal mxcs.Our Exemption Number is I I. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60M587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in Internal Revenuc, Denver. Colorado (Rcf. Colorado Revised Su mm, 1973. Chapter 39 26. 114 (a). exercise any rights or remedies Provided herein or by Ian. failure to pmrptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder m approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of any of the warmaliev or obligations of this purchase order and shall not be decnmd a oaiver of any night of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict per( ngracc herenfor any of its rights or remedies as m any such goods, regardless insmction, form the City of Fent Collins. of when shipped, received or accepted. as to any prim or subsequent default hereunder, nor shall any faimetted am] modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hcroof. Final Acceptance. Receipt of the merchandise, services or cquipmcnt in response to this ardor 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 antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedums. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration far 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 be F.O.B.. City of Fort Collins. 7U0 Wood St.. Fog Collins. CO 80522, unless acquired under federal or state antitnol laws for .such overcharges relating to the particular goods or services other, ise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pigs of the country, shipment is If the Purchaser directs the Seller to correct nonconfanning or defective goods by a date to be agreed upon by the expected firingthe nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thcrcancr indicates its inability or unwillingness to canpdy, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, curiricmeN and licenses required by all applicable Imes, regulations, ordinances and macs 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 work of vender. Seller further agrees to hold the City of Fort Collins hardcss fmm and against all liability and lots incurred by them by reason of erg asserted or established violating of any such Imvs, regulations, ordinances, mlcs and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and fives full and complete enthodty to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tents and conditions stated herein set fight and any supplementary or additional terns and conditions annexed hereto or incownited begin by reference. Any additional or different tcmw 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 as your pmmised dclivcry date as noted. Time is of the c,senec. Delivery and performance most be effected within the time ,rated on the parchasc order and the documents mu ched hereto. No acts of the Purchasers including, without limitation, acceptance ofpagial Inc deliveries, shall operate as a vaiver ofthis provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order clscwherc 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 arc beyond its reasonable control and without its fault of negligence, such acts of God. acts of civil or military authorities, governmental priorities, rims, strikes, food, epidemics. woos or riots Provided that notice of the conditions causing such delay is given to the Purchascr within five (5) dogs of the time when the Seller first received knowledge thereof. In the event of anv such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the 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 purpams 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 front any Inns, damage or expense which the Purchaser oozy suffer on incur on account of the Sellers breach of aarmnty. 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 he prescribed by law or by the terms of any applicable warranty provided by the Seiler after the date of acceptance of the goods Furnished hacander naeptanee not to be unreasonably delayed). resulting forma imperfect err defective work done or materials fumi,hed by the Seiler. Acceptance or use of goals by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereuodn shall extend to all damages pmximmcly caused by the breach Many of the foregoing xvamnties or guamntecs, but such liability shall in no evcar include loss of profits or loss of use. NO IMPLIED WARRANTY OR hI ERCH ANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. S. CHANCES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms. including additions m nr deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change nnler. If any such change nt7cet the amount due or the time ofperfomuxnce hereunder, an egnitablc adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all partings of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmggx. x pmvidcd that the Purchascr shall not be liable for any claims for anlieiraged profits ran the uncompleted putting of the goods and/or stork, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any guests which are the Scllcrs standard stock. No such rcmminztion shall relieve the Purchaser or the Seller of any of their obligations as to any goods del ncred hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is onlcred. R. COMPLIANCE WITH LAW. The Seller animus 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 be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrccs m indemnify and hold the Purchaser harmless frig all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. of any monies due or to become due hereunder without the print written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchoxr far all equipment, materials and items furnished in Performance of this agreement, free and clear of any and all liens restrictions, reservmions, security interest encumbrances and claims of ethers. The Seller shall release the Purchaser and its contractors of nay tier fmm all liability and claims of any nature resulting room the I afamraace ofsuch 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 of such Fogy. The Seller's communal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PA TENTS. lt'Iteacver the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchascr from any and all claims for infrinpernent 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, cxpense or damage which it mov be obliged to pry by reason of such infringement at any lime during the prosecuting or after the completion of the work. In cast said equipment, or any part thereof nr the intended use of the gosels, is in such suit held to constitute infringement and the use of .said equipment or part is enjoined. the Seller shall, at its own expense and at its option, tither procure for the Purchaser the right to continue using said cquipmcnt or pans, replace the cline with substantially equal but amonfringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the here Bl of credimrs. appoint a receiver or trustee for any of the Sellers property nr business, this order may f nhwilh he canceled by the Purchascr without liability. 16. GOVERNING LAW. The dcfinitins afterms used or the interpretation ofthe agrccracat and the rights ofall panics hereunder shall be consumed under and governed by the lames ofthe State of Colomdo. USA. The following Additional Conditions apply only in eases where the Seller is to perromt work hcrcundcr. including the services of Scllcrs Represenrzlive(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellcrs own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work andfor materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pttmhascr When materials and equipment are famished by others for installation or criterion by the Seller, the Seller shall receive, nation. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler tinder the order. IR. INSURANCE. The Seller hall, at his own expense. Provide for the payment of workers compensation, including occupational disease hencrim to its employees anplayed on or in connection with the work covered by this Furchnse order. and/m to their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability ineloding, but not limited to, contractual and automobile public iability insurance with hastily injury a.,[ death limit, arm least S300,000 for any one person. S500.000 for any one accident and pmperty damage limit per accident of S400,000. The Seller ,shall likewise restore 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 Seller shall famish the Purchaser with a ccgificam that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insumncc have been pmvidcd Such ecrtificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be mnintoined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrchy asammcs the .it, responsibility and liability for any and all damage, In„ or injury ofany kind or nature whatsoever to persons or pmpsny caused by or resulting from the execution of the work provided for in this purchase order or in connection heren'ith. The Seller will indcmni fy and hold harmless the Purchaser and any r all of the Purchasers oficcrs, agents and employees front 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 cony be pal or subject by reason of any act, action, neglect omission or default on the hart of the Scllcr, any of his contrcors, or tiny of the Scllcrs or contractors offices. agents or employees. In case any snit or other pmcccdings .shall be brought against the Purchaser. or its effects, agents ar employee, at any lime on account ar by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or tiny of its or their officers, agents or employees as ofresaid. the Seiler hereby agrees to assume the defense thcrcnf nod to defend the some at the Sellers own expense, to pay any and all costs, chances, attorneys fees and other exFensea, any and all judgments that may be incomed by or obtained against the Purchaser or any of its or their often. .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 Purchascr, 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 orotherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, simply with all laws and regulation, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pmanart thereto. Revised 03I2010