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HomeMy WebLinkAbout175445 CITY OF FTC - STREETS DEPT - PURCHASE ORDER - 3214373City of art Collins PURCHASE ORDER Date: 03/11/2014 Vendor: 175445 CITY OF FORT COLLINS - STREETS DEPT ** CHECK TO DEPT ** Delivery Date: 03/10/2014 Note: PO Number Page 3214373 1012 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Line Description WUMI"ry UOM Unit Price Exrunueu Ordered Price � 2014 Miscellaneous Streets 17LOT LS 5,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 t111—M. WrIrPIBIr1 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 start, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tox Exemption Courant, of Registry 84-6000587 is registered with the Collector of Intend Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). GOO& Ranted. GOODS REIECTED due to failure an, meet speciEcatiunx, either when shipped or due to defects of damage in transit, may be wiumed to you fur credit and are not to be replaced except upon mmpt of wrinen instruction, from the City of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins duration oa larval. F1nal Acceptance. Receipt of the merchandise, ver,ires or equipment in response to this order can result in suthnri ed payment on the pan of the City of Fall Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be P.O.B., City of Fort Collins, 900 Wood Sr, Fan Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge separately, me original freight bill must aceombanv invoice. Additional chances for cartoon will not be accused. Shipment Distmce. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from ].voice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificate, and licenses 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 authmmy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hummix from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements Authorization. All parries to this contmet agree that the O presenotives ore, m fact, Was Ode and possess full and ampler, authority do bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance Is the terms and candidates stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot snake complete shipment to amve on your promised delivery date as soled. Time is of the essence. Delivery and perfornmce most be effected within the lime shared on the purchase order and the documents anachcl herem. No acts of the Puehears including, without limitation, complance ofpanlal late deliveries, shall operate as a waiver urchin provision. In the event study delay, be Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. Howevm the Seller shall nor be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its mos suable control and without its fault of negligence, such ach ofGod, acts of civil or military authorities, govemmrnml priorities, finis, soikes, Good, epidemics, warserr riots provided that arrive,of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal W the time actually lost by reams ofthe delay. 3. WARRANTY. The Seller wartmts that all goods, titles, toataials and work revered by this order will conform with applicable drawings, spaificafions, samples and/or other descriptions given, will be Et for the purposes intended, aM performed with the highest degree of care add competence in accountants with accepted standards for we& of a tail. naure. The Sella agrees to hold the purchaser, harmless from any loss, damage err expense which the Purchaser may suffer or incur on account of the Sellers breach of wamanty. The Seller shall replace, repair or make good, without cost to be purchsseq any defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the ream of my applicable warranty provided by the Sella after the date of acceptance of the goods famished hereuMer (acceptance act to be interminably delayed), resulting from imperial or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constimm a waiver of any claim under this warranty. Except at colossix provided in this purchase order, be Sellers liability hereunder thing extend m all damages proximately caused by the breach of any of the foregoing warranties or guaramas, bar such liability shall in no event include loss ofponfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchua may drake changes to legal terms by women change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms sale, than legal am, including additions to or &let. from be quantifies originally ordered in be laminations or drawings, by verbal or varies change ord— If any such change officers the amomt due or be time ofperfoamance hereunder, m equitable adjustment shall be made. 6. TERMINATION e. The Furchssa mar an any doe by wriften change sell, umtirats, this agreement as to my o1 all portions of be good then tat shipped, subject to any equitable ad catment bemscn the prim as m any work or materials then in progress presided that the pronounce shall Out be liable for my claims for anticipated proms on me uncompleted portion of the gods mNor work, for imcithu d or cmuryuential damages, and Oat m such adjutmmt Ed made in favor of the Sella with suspect I. my good which are the Sellers smndand stuck. No such termination shall relieve be Purchasn or the Sella army arbor obligations in, to my good delivered hermeder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within thirty (30) days fcm the date the change or termination ls ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, said, delivered and fished in suit, compliance with all applicable laws and regulations m which the good are subject The Seller shall execute add deliver such it..... may be rry mnl to eRttt or evidence complaces. All lawn and regulations required to be incorporated in agreements of this character are ber by mcoryomted herein by this reference. The Sella agrees to canonically and hold be Rumania harmless from all rests reel damages suffered by the Fudchssa in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nobel pang shall assign eunsfer, a convey this order, or any monies due or m became due bereunda without the pnor wrinm consent offs, other party. 10. TITLE. The Seller warrens full, dour and muesmcted tine mthe Rochester for all equpnent, mammals, and itm, fisised w perform , of mix agreemen, free and clear of my and all liens, raMt,icum. aesmwtmod, owanty its — encumbrances and claims ofothm. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the teams and conditions hereof, failure or delay m exercise any rights ar remedies provided herein or by law, failure or promptly notify the Seller in the event of is breacM1 the acceptance star payment for goods hereundt, or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be cleaned a waiver of any right of the purchaser to insist upon strict Performance hereof or any of its righu 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 mach fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchase,. Theretofore nfa good can. and se consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or store antitrust laws for such overcharges relating to the particular good or services purhaed or acquired by the Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dirms the Sella to correct nonconforming or defective goods by a clue to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cavu the work to be performed by the most expeditious means mailable r it, and the Seller shall pay all costs ansocialed with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature malting from the pafonnm. ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direasrs, arm. and employees fsuch party. The Seller's contractual Obligations, including warranty, shall not be deemed to b, 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 any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fain any and all claims for infringement by reason of the use of such patented design, device, material or pacers in connection with the contract, and sM1all indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rwun of such infringement at any time daring the pesecmio t or after the completion of the work. In cure said equipment. or any part thereof or the intended use of the goods, is in such suit held m combine infringement and the use of aid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the right to continue using said equipment or pros, replace the same with substantially equal but scrimmaging equipment, or modify it so it becomes scrimmaging. 15. INSOLVENCY. If the Seller shall become inwlrcm or bankrupt, make an assignment for the benefit of creditors, appoint a mrsiva or trustee for any of the Sellers property or business, this order may foMwllh be canceled by the PPurchaserwithout liability. g6. GOVERNING LAW. The definitions of terror used or the imemmtation ofthe agreement sued be rights of all pries halm nder shall be construed under aml govanced by the laws of the Stale ofColordo, USA. Ile following Additional Conditions apply only in was where the Sella is to Perform work boarder, including the services of ScHax Reprelermtive(s), on be premises afotfers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work of Sellers own nsk until the same is fully completed and accepted, and shall, in close of any accident, destruction or injury to the work mNor mammals before Sellers fivl completion and acceptance, complete be work at Sellers own expos, and as fse sadsfaction of the Purehmer. When materials and equipment are fished by offers for installation or section by the Seller, me Seller shall receive, unload stare and hrMle same an the site and become responsible therefor as rough such mammals mNor equipment were being burnished by the Sella under the cadet. I&WSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amFor to their dependents in accordance with the laws of the stare in which the work is m be done. The Sella shall alas carry mmprehedssio, general liability including, but turf limited to, contractual end automobile public liability insurance with bodily injury no death limits of at four S300.on0 for any one person, 550O.WU for any one accident and pmpeny damage limit per accident of S400,000. The Sella shall likewise require his contractor, if any, to provide for such compensation and iruu once. Before any of the Sellers or his mntmetors employas shut do any work upon the promises of others, hie Seller shall f ish be Puehaler with It crifcae mat such compensation aM hummer have ban provided. Such cedifcates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and nnsurance expiren. The Seller agrees mar such mmpansation and insurance shall be maintained until after fse, entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella barely assumes the entire responsibility and liability for any and all damage, loss a injury of any kind Or nacre whatsoever to padsum or pa pen, cabled by or resulting firm the execution ofthe work provided for in this phuchme older or in comati,n wrewith. The Seller will indemnify reel hold harmless be Purchsscr and my or all of the Purchasers officers, agents and employees from and against any and all claims, Imues, damages, charges or expenses, whmber direct or indireet and whether to persons or pmpeay to which the Puchsses may h put or subject by remain of any act, action, neglect, omission cr default an the pan of the Sella, my of his conrmcmrs, Or any of the Sellers or conrmmors alfiters, agents or employees. In anor any suit o other pmaroolm 5 shall be brought against the Puurchaser, or its olficas, agenU or employ. al my lime an account or by reason of any act, anion, neglect, omission or default of the Sella of my of his mntmetors or my of its or their officers, agents or employ. as aforesaid, the Seller hereby ugh. to assume the d to. thereof end to defend the same at the Sellers own experts,, to pay any nd ell client, charge, attorneys fees and other expemes, my and all judgmms that may the, incurred by of obtained against the Phtchnsa or my of its or their officers, agents at employees in such suits or other proceedings, and in case judgment or other lim be placed upon a Obtained against the property affair Purchaser. of said prim in or at a mull ofsuch suits or other proceedings, the Sella will at ova muse the same to h dissolved and duchari by giving bond or otherwise. The Sella and his c umbe ors small take all safety precautions, finish and insall all giants necessary for the prevention of actin nn, comply with all Wws and regulations with negand to safety including, but without Initiation, be, Occupational Safety and Health Act of 1970 and all tales and segulzmm issued pursuant blood. Revised 03=0