HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9141523City of
Fort Collins
Date: 03/12/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS **
PO Number Page
9141523 1of
This number must appear
on all invoices, packing
silos and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 03/11/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Bryan Bridge Rprs. 1 LOT LS 6,757.82
Inv. #E2-11721
Relocate fiber optic cable
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.wrn
Total
Invoice Address
vb-yrY]
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 statute the City of Fort Collins is exempt from stare and IOcal taxes. Our Exemption Number is
98-04502. Federal Tarim Tex Exemption Cmificam of Registry 84.6000587 is registrrM with the Collector of
line=[ Revenue, Denver, Colorado (Ref Colorado Revised Satures 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure in meet speafeations, either when shipped or due to defers of
damage in hansit, may he mumed m you for credit and are last to be repinad except upon rtcair, of wrinen
instructions from the City of Fall Collins.
Inspection. GOODS ere subject to the City of Fan Collins inspection on arrival.
Final Acceptance. Receipt of the marenmdiu, Services or equipment in response to this under can result in
authorized payment on the pan of the City of Fall Collins. However it is to be understood that FINAL
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures.
Freight Tema. Shipments must he F.O.B., City of Fort Collins, TM Wood St, Fall Collins, CO 80522, unless
otherwise specified on Pia order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufactures have distributing points in various Pans of the country, shipment is
expected from the nearest distribution point or destination, and excess freight will be daduwed from Invoice when
shipments are made form greater distance.
Porous. Seller shill procure at sellers sole cost all necessary permit, certificates and licenses required by all
applicable lows, regulations, ordinances and roles arms, state, municipality, mother, or political subdivision where
the work is performed, or required by pry Other duly constituted public authority havingjurodiclien aver the work
of vendor. Seller further, agrees 4t hold the City of ran Collins Formless from and apart, all liability and loss
incurred by them by reason if in, asserted or established violation of any such laws, regulations, ordinances, rules
and requirement.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Under expressly limits acceptance to the terms and conditions stared
herein set forth and any supplementary or additional tenor and conditions annexed hereto or incorporated herein by
redolence. Any additional or different it. and conditions proposed by seller are objected to end hereby mjated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery date us noted. Time is of the exam e. Delivery and pah news, muss be affected within the time
stared on the purchase order and the documents attached hereto. No sec¢ of the Pmchassers ins-luding, without
limitation, acceptance of partial late deliveries, shall area as a waiver ofdr, provision. in the event Of my delay,
the Purchaser shall have, in addition to other legal and equitable securities, the option of placing this under elsewhem
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due Ira muses rod mumably foreseeable which are beyond its masorable control and withom its fault Of negligence,
such aces official, acts ofcivil or military authorities, govemmmal priorities, fires, strikes, Rood epidemics, was or
riots provided den room of the conditions musing such delay u given as the Purchaser within five (5) days of the
time when the Sella finl received knowledge thereof. In the event of my Such delay, the date of delivery shall be
extended for the periW equal to the time caally last by reason arm delay.
3. WARRANTY.
The Seller warrants that all good, vulture, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for Pe proposals intended, and
performed with the highest degree of care and competence in ceordence with accepted swdad far work of a
similar nature, The Seller agrees to hold the puahaser harmless from any loss, damage or expense which the
Purchaser may suRer or incur on account of no Sellers breach of warranty. The Seller slot] replace, repair or make
,ad, without cast to the purchaser, any defect ar 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 womnty provided by the Seller after the data of
<ceptatee of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from impartial
Or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
institute a waiver of any claim under this wumnly. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no went include loss Of profits 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 wanner change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make my changes o theme terms, other than legal fairs, including additions to or deletions from
the quantities originality ordered in the spcificasions or drawings, by verbal or waium change older. If any such
change affects the amount due or the time offerformance hereunder, m eqe able adjustment shall be made.
&TERMINATIONS.
The Purchaser may at any time by winner change ordeq mrmince this agreement as or any or all portions of the
good her last shipped, subject W any Nuitable adjustment between the panics ss Ira.1 work or rater ils Ihen in
progress provided Oat the Football shall at be liable far any claims for anticipated profits on Pe uncompleted
portion of Pe goods isobar work, fen incidental or cmtuyuentfl damages, and Oct no such wjuvment he made in
favor orm Seller with respect to any goads which are the Sellers standard stuck. No such termination shall relieve
Pe Porch or the Sella ofury coheir oldgwwa as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adJusunent most be asserted within thirty (30) days tram the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and nourished in stied
compliance with all applicable laws and regulations in which the good are 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 agmemews of this character are hereby incorporated herein by this reference, The Seller agrees to
indemnify and hold the Purchaser harmless tram all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT,
Neither Ferny shall assign, transfer, Or convey this Order, Or any monies due or to become due hereunder without he
prior women consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear or any and all liens, restricdos¢, reservations, security interest
encumbrances and claims of other.
11. NONWAIVER.
Failure of the Purchaser to boist upon strict performance of the trans and an lilimss hero r. failure or defy to
cocivise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of et
breach. the acceptance of or paymcw for goods hereunder or approval ofhee design, shall not relcue the Sella of
any of the warranties or obligations of this purchase order and shall rat be demand a waiver ofany right of the
pureM1nser to insist upon strict palmonance hereof or any of its rights w remedies ss to any such goods, regardless
of wham shipped, reamed or accepted, as to any prior or subsequent detain, hereunder, nor shall any puryamal
oral modification or rescission of Nis purchase order by Ore Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mcognire new in ..at economic practice, overcharges mulling from antitrust
violations are in fact home by the Purchaser. Tharemf ne, for good muse and as rnnsiderstion for exmring this
purchase order, the Sella hereby assigras to the Purchases any and all claims it may now have or berezfter
acquired under federal or sure anlwast laws fen such overcharges relating to the particular goad or umices
purchased or acquired by the Purchaser potassium to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iflhe Purchaser directs the Sella to correct nonconforming or defective goad by a data 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 work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs sssaimed with such work.
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of my nature
resulting from the performance attach work.
'Ibis release shall apply even in the crew of full of negligence of the pary released nad shall extend to the
directors, officers and m,p]oyees of such pans.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed Or caused or be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required Ip use any design, device, material or process covered by loner, polar, rmdemark
or copyrighl, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such Formed design, device material or process in mrmanion with the contract, and
shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by nation of such
infringement at any time during the prosecution or after the completion of the work. In esss said equipment, or
any pan thereof or the intended me Of the goad, ism such suit held to alternate infringement mot the use of
said equipment or part is enjoined, the Seller shall, at its own esparto and at in option, eiPa 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 noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or baN pr, make m aaigvneru for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pmma pary or business, this under y forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofleans mud or the interpretation ofthe agreement and Pc rights ofall panics hemander shall a
mowed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including the services of Sellers Repescntativa,), on the premises of others.
❑. 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 u of any accident, destruction or injury in the work and/or materials before Settees final completion and
acceptance, complete the work at Sella, awn expense end to the satisfaction f,ha Purchaser. When aataials
and equipment are famished by others for installation or erection by the Sella, 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 famished by the Seller under the under.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefit, to its employees employed on or in connection with the work covered by this purchase older,
tampon to their dependents in ccordance with the laws of the state in which the work is t0 be, done. The Seller
shall also carry comprehensive general liability including, but not limited to. communal and automobile public
liability insurnince with bodily injury, and death thou of at lean SJLar." for any one I'crims S500,000 fist any
erl one accident and propy damage limit per accident of S400,(100. The Sella shall likewise require his
comracmrs, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall foolish the Fllrchasa with a car ifcate
that such a mperxmmo card insurance have been provided. Such cenifirara shall specify de data when such
competlsation and insurance have been provided Such ceuifimtes shall specify the date when such compensation
and insurance expires. The Seller agrees Nat such comp rvation and insurance shall be mainmined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fen any and all damage, loss or injury army kind
or wtam whatm,a m parsons or property caused by or molting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct Or indirect, and whether to persons or propmy W which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default as the FOR of the Seller, any of his
contractors, or nay of the Sellers or commoom officers, agents o employees. In aSc any suit or other
Proceedings shall the brought against 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 my of has common; or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defettae thereof and to
defend the some at the Sellers awn 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 oRcem.
agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon Or
obtained against the property of the Purchaser, or said parties in or as a result of such suit Or other proceedings,
Ili, Seller will at once cause the Sam a be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safely prertuticau, mouth end memll all guard necessary for the prevention of
accidents, comply with all laws and regulations with regald to safely including, but without limitation, the
Occupational Safety and Health Act of 1970 Slid all rules and regulations issued pursuant thereto.
Revised 03R010