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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9123099PURCHASE ORDER PO Number Page City of PURCHASE 9123099 1 of z ' `t Collins This number must appear � on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Z Buyer: OPAL DICK Note: Line Description Quanti UOM Unit Price Extended Ord ed Price STREET CUT PERMITS LOT LS 11,320.10 57396 2 STREET CUT PERMITS 57396 3 STREET CUT PERMITS 57396 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 1 LOT LS 772.70 382.50 Total $12,475.30 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stator, the City of Fon Collins is cxcmpt from state and local taxes Car Exemption Number is 11. NONWAIVER. 98-T1502. Federal Excise Tax Exemption Certificate of Registry 54-0000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof. Entire or delav to Internal Rev,nuc, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise on, rights or rcmcdics provided herein or by Inv, failure to pumaptty ramify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to filar, to meet sped feat ions, either When shipped or due to defects of any of the ommatics or obligations of this purchase order and shall no, he deemed a waiver of any right of the damage in transit may be rammed to von for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to fine such good,, regardless instructions fmm the City of Eon Collins of when shipped, received or accepted, as to any' prior or subsequent defmdt hereunder, nor shall anv purpnned owl modification or rescission of this purchase order by the Purchaser operate as a Waiver of any of the corms Inspection. GOODS arc subject to the City of Fort Collins inspection on finical. 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 Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser rcccgnim that in actual economic practice, overcharges resulting from muitmst ACCEPTANCE is dependent upon completion ofall npplicablc required inspection procedures. violations are in fact borne 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 coy now have or hereafter Freight Tents. Shipments most be F.O.B., City of Fnrt Collins, 700 Wood St.. Furl Collins, CO 90522, unless acquired under federal or slate antitnrst Imes 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 scpnmtely, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. hill most accompany invoice Additional charges for packing Will not be accepted. Shipment Distance. Where manufeehrers have distributing points in virtual, parts of the country. shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. ecnificalea and licenses required by all applicable laws, regulations. ordinances and notes 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 vendor. Seller 0oth,r agrees to hold the City of Fort Collins hamdcss from and against all liability and loss incurred by them by reason of an asscred or established violation of any such laws, negotiations ordinances, nolcs and requirements. Anthony lion. All panics to this contract agree that the representatives are, in fact bona fide and possess full and complete mainline to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hernia set forth and any supplementary or additional toms and conditions annesed hereto or incorporated herein by reference. Anv additional or different terms and conditions proposed by seller are objected to and hereby reicered. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stared on the Purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order dsnvhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc bcynad its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities. gmcmmental priorities, fires, strike,, gold, epidemics. wars or riots provided that notice r the conditions causing such delay is given to the Parchnscr within five (5) days of the time when the Seller first received knowledge thereof, In the event orate such delay, the date ofdelivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform With npplicablc drawings, specifications. samples and/or other descriptions given, will he 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 nacre The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffice or incur on account of the Sellers breach of.vamnty. The Seller shall replace, repair or make Bond, without cost 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 ofany applicable wwmnry provided by the Seller ancr the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this w•armnty. 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 foregoing mammies or guarantees. but such liability shall in no event include loss of pmfits or loss cruse. NO INIPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser 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 quantifies originally ordered in the specifications ar draw ingx. by scrbnl or change order. If env c ich change affects the amount doe or the time offnrfa manec 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 than not shipped, subject to any equitable adjustment between the parties as many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated protbs no the uncompleted portion of tic goods and/or work, for incidental or consequential damages. and that an such adlusunent be made in favor of the Scllcr with respect to any goods which arc the Sellers standard stock. No such wr urif inn shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Ale claim for adjustment must be nss,rted within thirty (30) days from the dare the change or termination is odemd. R. COMPLIANCE WITH LAW. The Scllcr wanot nts 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 are subject. The Seller shall execute and deliver such documents es may be required to effect orevidcace compliance. All laws and regulations required to be incorporated in agacements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages uffro d by the Purchaser as 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 prior written consent of the other party. 10. TITLE. The Seller svemnts full, clear and unrestricted title to the Purchaser for all equipment materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims ofolicis. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Selier to correct nnoconfonniag or defcctivc goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the mark to he performed by the most expeditions means available to it. and the Seller shall pay all costs asociarod with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pmformuncc of such work. This releme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employe,, ofsieh party. The Seller's contractual obligations, including warrants. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by The Purchaser. 14. PATENTS. Whenever the Seller is required to use cony design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser from any and all claims for infringement In, reason of the use of such patented design, device, ouncrial or process in connection with the contract. nod 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 ancr the completion of th, ,rook. In case said equipment. or 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 mvn expense and at its option- either procure for the Purchaser the right to continue using ,said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes annin Ringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknipt make an assignment for the benefit of creditors, appoint a receiver or tnmctec for any of the Sellers property or business. this order cony forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and govemed by the Los of the State or Calamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofScllcrs Representative(s), on the premises efothcrs. 17. SEI. LERS R ESPONS IBIIJTY. The Seller shall tarty no said work at Seller', 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When nnvlerialc and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle .same w the site and become responsible therefor as though such materiels 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 workers cnnmpen nation. including occupational disease bene Gs, to its empinyccs employed on or in connection with the work covered by this purchase order, and/or to their dependents in accondnnce 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 incurs nee with bodily voice, limits and death of at least S300,000 for are one person. S500.000 for any one accidentand property damnge limit per accident of S400.000. The Seller shall likmvisc require Ins contractors, if nay, to provide for such compensation and insurance. Before any of the Sellers or his contractors empinyccs shall do any work upon the premises of rhea, the Seller shall furnish the Purchaser with a eenificare that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iusu raee hove been provided. Such eci ificmes shall specify the date when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained nail after the entire .cork is completed and accepted_ 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bucby assures the entire responsibility and liability for any and all dross. loss or injury ninny kind or nabne whatsoever In persons or property caused by or resulting from the execution of the work provided for in this purchase Older nor in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or up of the Putehawts officers, agents and employees from and against any and all claims loses. damages charges or expenses, whether direct or indirect, and whether In persons or property to which the Purchaser may he put or subject by reason of any act action. neglect omission 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 proceedings shall be hrought ogainst 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 sanmc it the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its ar their ofFeem agents or emplovccs in such suits or other proceedings. and in ease judgment or other lien he placed upon or obtained agninsl the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the ,one to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ,It safety prcerations, furnish and install all guards necessary for the prevention of accidents, comply with all Innis and regulations with regard to safety including but without limitation, the Occupntiond Safety and Health Act of 1970 and all odes and regulations isecd pursuant Ihercto. Revised 032010