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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9122129PURCHASE ORDER PO Number Page City Of` 9122129 ' of z `t COI lies This number must appear on all invoices, packing slips and labels. Date: 04/13/2012 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 04/13/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Linden St. Streetscapes Traffic Control -Inv #56197 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 6,333.14 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 14 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt From state and local taxes Our Exemption Number is I I. NONWAIVER. 9R-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser In insist open strict performance ofthe terms and conditions hemaf. failure or delav to Intcmal Revenuc, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the eveni of n breach, the acceptance ofor payment for goods hereunder car approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when .chipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hccofor any of its rights or remedies as to any such goads. regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hemnf. 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 pmec alums. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ender, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fun Collins, 700 Wood St.. Fran Collin,. CO 80522. 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 lumpily freight and charge sepnmmy, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI [ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller flo rcaner indicates its inability or unwillingness to comply, the Purchnser shipments are made From greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such wmrk. Permits. Seller shall procure at sellers sole cost all necessary per its, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political suMik ision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of can ns crud or established violation of any such laws, regulations, ordinances, mles and rcgaim.cat,. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set funh and any supplementary or additional terms and conditions annexed hcrcto or incorporated herein by reference. Any additional or different tans and conditions pmpnscd 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 ofthc essence. beivcry and performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofp.ni.] late deliveries, shall crude as a waiver ofthis provision. In the event of any delay. the Purchaser shall have. in addition mother legal and equitable remedies, the option nfplacing this order elsewhere ,and holding the Seller liable for damages. However, the Sella 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, govcmmental priorities. fires, strikes. Food, epidemics. waw or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of time when the Scllcr fir received 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 ...is that all goods, articles, materials and Work covered by this order will conforms with applicable drawings, specifications samples and/or other descriptions given. will be fit for the parposcs intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of it similar nature. The Seller agrees to hold the purchaser harmless fmm are loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Scllcr 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 nine be prescribed by lase or by the terms nfany applicable warranty provided by the Seller oncr the dale of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably dednycd), resulting from imperfect err defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a wrier nfany claim under this warranty. Except as otherwise provided in this purchase order the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warm rims 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. 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 any changes to the terns, other than legal terms, including additions to or deletions from the 9u^mitics orig-ally ordered in the 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 mitten change order, terminate Ibis agreement as to env or all porlions of the goods then not shipped, subject to any equitable adjustment bmweos the panics as to any work or materials then in progress provided that the Purchaser shall not 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 any Courts which care the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or tcmanation is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamnty that all good scold 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 revolutions required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmles, fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENL Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TIT LE. The Seller warms full. clear and unrestricted title In the Purchaser for all equipment materials, and items furnished in perfnmance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting fmm the performance ofmch work. This release shall apply even in the event of Fault of negligence of the party released and shall extend to the dimetors. officers and employees of such party. The Seller's contractual obligations, including swam my. shall not be deemed to be reduced, in any way. because such work is performed or caused to be Performed by the Pumhmser. 14. PATENTS. Wit"ever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall in lcunify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or prnecss in connection with the contract_ and shall indemnify 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 aver 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 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 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 bench of creditors, appoint a receiver or trace for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder doll he consumed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcmative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall 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 Scllcrs Final completion and ,acceptance, complete the work at Scllch own expense and to the satisfaction ofthe Purchaser. When materials and equipment am 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 muterids and/car equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupation d disease bermfits, to its employees employed on or in connection wish 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 in, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast Sa06.0an botany etc wasar, 5500.IXIn for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if nay, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been prided. Such certificaes shall specify the date when such compensution and insurance have been provided. Such eer ificams shall specify the date 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, loss or injury ofnny kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harder the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims. losses. damages. charges or expenses, whether direct or indirect, and whether to persona or property to swhich the Purchaser may be put or subject by reason of any act, action, neglect, omissinn or default on the part of the Seller. any of his contractors or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccel ings shall be brought against the Purchaser, or its officers, agents or cmplayies 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 mate at 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 property ofthe Purchaser. or said panics in or as a result ofach 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. firmish 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 I Iea11h Act of 1970 and all rules and regulations issued pursuant thercm. Revised 03/2010