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HomeMy WebLinkAbout103941 CITY OF FTC MISCELLANEOUS - PURCHASE ORDER - 9142231PO PURCHASE ORDER 9142231 Page CI�/ of PURCHASE 9142231 t of z ' `t[ OI I I„s This number must appear {� V {�` 1 1 on all invoices, packing sli s and labels. Date: 04/21/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 04/21/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Pedestrian Bike Path Under Trilby Road Electric Capacity Charge and labor, equipment, and material to relocate the existing duct bank and install transformer to accommodate a pedestrian bike path under Trilby Road, west of Southridge Greens per memo dated 3/17/14 and invoice 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 1 LOT LS 51,258.39 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Cenificale of Registry 84-OK0587 is registered with the Collector of Failure of the Purchaser to insist upon about performance ofthe terms and conditions hereof. failure or delay to Formal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), ammise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods remember or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure 0 meet specifications, either what shipped or due to dePocts of any of the warranties or obligations of this purchase order and shall no be deemed a waiver of any right of the damage in haunt, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon wet performance hereof or any of its rights or remedies as to any such goads, regardless instructions from the City of Fort Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pane ed oral modification or rescission of this cache. order by the Purchases operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collis inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or satinwood in response to His order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. automated payment on the part 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 amitruat ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations we in feet home by the Purchaser. Thrombin, for good cause and as consideration for 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, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pads of the country, shipment is expected from the nearest distribution point to dadimtian, and excess freight will be deducted form Invoice when shipments are made from greater distance. Permits- Seller shall procure at sellers sole east all necessary permits, certificates and licenses required by all applicable laws, regulations, ministers and roles 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 further agrees to hold the City of Far Collins harmless from and against all liability and loss normal by them by .,an of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess Coll and complete authority to bind said paniw. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m we terms and conditions slated herein set Earth and any supplementary a additional terms and conditions annexed hereto or in -Worded herein by reference. Any addaiorul or difierem tears 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 move on your promised delivery date as noted Time is afire essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, withaul limitation, acceptance efforts] late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable reardies the option of placing this order elsewhere and holding the Seller Gable for do.,.. However, the Seller shall not be liable for damages as a It of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts mfcial or military authorities, governmental priorities, fires, spikes, Flood, epidemics, was or riots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the posted equal to the time actually lost by onown of the delay. 3. WARRANTY. The Seller warauls that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standards for work of a -similar nature. The Seller agrees to hold the purchaser harmless from any loss damage of expense which the Purchaser may suffer or incur cr accouul of the Sellers breach of waramy. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or 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 waranty, provided by the Seller and the date of acceptance of the goods furnished hereunder (acceptame not to be unreasonably delayed), resulting from imperfect or defective work done or materials Cumished by the Seller. Acceptance or use of gilds by the Purchaser shall not anstiduw a waiver of any claim under this warranty. 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 ommeres or guarantees, but such liability shall in no event include loss of pordis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pwchaser rosy make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchand may make any changes to the terms, other than legal terms, including additions to or deletions tam the quantities originally ordered in the specifications or drawings, by verbal or n Grange order If any such flange 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 written change order, terminate this agreement as to any or all pa rms of the goods then not shipped, subject to any equitable adjustment between the parties 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 andor work, for incidental or consequential damages, end that nu such adjustment be made in favor of the Seller with respect to any gains which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within its, (30) days from we date the change .1 ',.India. is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bean 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 an 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 agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Producer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this orden or any monies due or to became due hereunder withaul the prim written consent of the other party. 10. TITLE. The Seller warmnts fill, clear and wuea eted tide to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens resonances, reservations. security interest encumbrances aM claims ofather, acquired under federal or stale antitrust laws for such o erel arges relating to the particular grads or services purchased w acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date an be ag Nupon 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 rows available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contrecma of any tier from all liability and claims of any nature resulting from the performance ofmch work. This release shall apply over in the ¢veal of fault of negligence of the party released and shall extend to the doecwrs, otFcas and employees ofineh Prof. The Sellers contractual obligations, including watmnry, 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 any design, device, material or process coveted by letter, patent, trademark or copyright, the Seller shall indemnify and save harndws the Purchase from any and all claims for infringement by cason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aid the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringermnt and the use of said equipment or pad is enjoined, the Seller shall, at its own extra. and at its option, either procure for the rumored 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 benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser withem [ability. 16. GOVERNMG LAW. The definitions oftemrs used or the interpretation ofthe agreement and the rights troll parties hereunder shall be continued 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 RoWmwnative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sellef shall any on said work at Seller's own Oak until the same is fully completed and accepted, end shall, in e of any accident, destruction or injury to the work wagon materials before Sellers final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchase. When materials and equipment are famished 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 materials and/or equipment were being rumored by the Seller under the order. 18. INSURANCE. The Seller shall, at his now 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, amber 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 to, tondacmal and automobile public liability insurance with bodily injury and death limits of at least S300ow, for any ate person $500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewiw require his comments, if any, to provide for such compensation and in e. Before my of me Sellers or his contraboas employees shall do any work upon the premises ref others, the Seller shall famish the Purchaser with a certificate ,bar such a mpersevoin and insurance have been provided Such renditions shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until save the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the done responsibility and liability for any and all damage, lass or injury of any kind nature wbarnacle, to It.. or property..it by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchind may be put or subject by reason of any act, action, neglect, omission or default on the pan of we Seller, any of bit becterams, or any of the Sellers or donations officers, agents or employees. To case any suit or other proceedings shall be bought against we Ifi chstt, or its officers, agents or employees at any time oa account or by reason or any act, action, neglect, omission or derault of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Seller hereby agent, to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys foes and other expenses, any and all judgments that may be incurred by or obtained against we Purchaser or any of its or their effluent, agents or employees in such suits or other pmcedings, and in case judgment or other Her be placed upon or chained against the property of we Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause we same to be dissolved and discharged by giving bond or otherwise. The Seller and his courteous shall take all safety precautions, famish and immll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, we Occupational Safety and Health Act of 1970 and all roles and regulatios issued pursuant thereto. Revised 03R0I0