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HomeMy WebLinkAbout103941 CITY OF FTC MISCELLANEOUS - PURCHASE ORDER - 9143098Fort Collins Date: 06/04/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 9143098 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06/03/2014 Buyer: JOHN STEPHEN N ote Line Description Quantity UOM Unit Price Extended Ordered Price Railroad Crossing Rpclmt. 1 LOT LS 8,652.47 Patching @ Woodlawn&Hemlock 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 Total $8,652.47 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 satn4 the City of Pon Collins is exempt fmm same and local rasa. Our Exemption Number is 11. NONWAIVER. 98-05503. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is mgishma, with the Collector of Failure of the Purchaser m insist upon wade, permeations, of the ram mad conditions hereof, failure or delay to Interval Revenue, Derver, Colorado (Ref. Colorado RevisN Samtes 1973, Chapmr, 39-26,114 (a). exercise any rights or remedies provided herein or by be. fellow to promptly notify the Seller in the event of a breach, me aver,mare or., payment far good hereunder or a,.I of on, design, snarl not mlmne the Serer of Grads Rejected. GOODS REJECTED due to failure to mot specifiratiom, either when shipped or due to defects of any of the wmmatim ar obligations of this purchase code, and shall tad be deemed is waiver of any debt of the damage in hamit, may be resumed to you for credit and are not to be rtplaceJ except upon receipr of written Purchaser to insist upon series pammemse hereofor any of its rights or comedies on m any such goods, regardless instructions fmm the City of Fort Collins. of who shipped, rceciwd or accepted, as to any Pare, or subsequent default hereumler, nor shall any p=p=ded oral modification or demotion of this purchaser order by the Plsrehasa opcmte as a waiver of any of the term Inspection. GOODS art subject o the City of Fort Collins correction on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response tothis order canresult in 12. ASSIGNMENT OF AM [TRUST 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 armed a is practice, overcharges resulting train m antiast ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase. Theretofore of for good cause and as consideration for executing this purchase order, the Seller hereby assigns to me Purchaser any and all claims it may now have or hereafter Freighr Perms. Sulnuous most be F.O.B., City of Fort Collins, 700 Wood Sr., Pon Collins, CO 80522, unless acquired under folcml or state antitnut laws for such overcharges relating to the particular goods or services =hmwisrswrifed nofisaide,.lCpelmission is it,. to prepay freight and charge separately, the original freight purchawal or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted 13. PURCIIAS17RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disunite. Where mnmuf[curers have diverhating points in m coned nonconforming pans of the country, shipment is If the Purchaser directs the Seller conenonconforming or defective goods by a dam 1.be agreed .,no by the expected from the nearest distribution point to destination, and excess freight will be deduced fmm Invoice when Purchoserand the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments art made from greener distance, may erase the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall person, at sellers sole cost all necessary pemtins, cenifcates and Hearst, ancient by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or Political subdivision where the work is performed, or required by any order duly comtimted public authority havingjurisdiction over the work of vendor. Seller finer, agrees to hold the City of Fort Collins hmmleas fmm and against all liability and I — incurred by them by reason of an assured or esublahnd r,.].,,.a of any such laws, regulations, ordinances, roles andramor arnds. Authorization. All panics tP this comment agree ram the representatives are, in fact. W. fide and possess full and complete authority to bind said panics. LIMITATION OF ITRh1S, This Pamtrae Order expressly limits acmpance so the terra mal condomos sated herein set faith and any supplementary or additional term and conditions annexed here'. or incorporated herein by reference. Any additional or different hands and conditions pamosad by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVIS12 PURCHASING AGENT immediately ifyou cannot make complete shipinem m active on your Promised Mist, dam as ,oleo. Time is of the essence. Delivery and performance Insist be effected within the time stated on the purchase order and the documents attached barrio. No acts of the Purchasers including, without loodation, acceptance of partial Iota deliveries, shall Operate os a wolvor of this provision. In the event crony dairy, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its feel, of mrgligence, such .,is of God, acts ofrivil m military authorum , F wemmenml miorhies, Ores, strikes, Boot, epidemics, wars or dots provided that notice order conditions causing such delay is given to the Purchaser within five (5) days offs, time when the Seller rest received knowledge recover In the event of any such delay, the dam of delivery shall Ix extended for he period equal to the time actually lost by reason ofth, delay. 3. WARRANTY. The Seller warrants that all goods, articles, =[crisis and work covered by this oNer will mnf with applicable drawings, speri0cations, samples mayor other descriptions given, will be fit for the purposes intended, and ,somas ed with the highest degree of care and comparience in accordance with aecepded standards for work of a similar nature. The Seller agrees of hold the Provision ha Bless from any loss, damage or expense which the ransomer de ny w(ia n. or inson arrow, of the Sellers breach of ownway. The Seller shall replace, repair or make gold, without cost to the prochosen any di or faults rising within one (1) year or within such longer period of time as may be prescribed by law or by the term of any applicable waounry provided by the Seller after the rime of emptunce of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting froth imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no, consumer a waiver of any claim under this womanly. Except re 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 warranties or g'ctramms, bra such liability shall in no even, include loss of profits or loss of use. NO IMPLIED WARRANTY OR MF.RC 14ANI'ABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANG ES IN LEGAL TERMS. The Purchaser may make changes 1. legal teals by winen change order. 5. CHANGES IN COMMERCIAL TERMS. The PueeM1oner miry make any eM1anges no the tears, main 'Iran legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wditen change order . If any such change aliens the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, terminate this aluminum: any at all portions of the gook then no, shipped, mijm, to any equitable adjustments between the panic as so any work or materials them w progress provided that the Purchaser shall rat M liable for any claims for anticipated pmfin on the uncompleted portion ardor goods ampor work, for incidental err comorcithal damages, add that rat such adjustment be made in favor at the Seller with respect to any goods which art the Sellers Nonfood shark. No such nomination shall relieve the Purchaser or the Seller ofany offbeat obligaions as to any good delivered hemmtdct. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mrmirahms as ordered. 8. COMPLIANCE WIl'li LAW. The Seller .,air, 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 good' um subject. The Seller shall execute and deliver such documents as may be original a effect or evidence compliance. All laws and regulations raptured to he incorporated in agreements of this character are hereby incoryom ed herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all cows and damages suffered by the PurtM1auc as a result of the Sellers fur lure to comply with such law. 9. ASSIGNMENT. Ncitha pray shall assign, transfer, or moray this order, in any monies due ar to become due hmreunder without the prior women commit of the other party. 10. TITLE. The Sella wvmnds full, clam and muesoicled tide to the Purchaser for all equipment, materials, and items dimensional in performance of this agreemen, free and deer of any al all from, restrictions, resmations, security intern, ercumbmnces and claim ofotltms. The Seller shall ration, the Purchaser and its contractors of any tier tram all liabil iry and claims of any n[ure resulting from the performance of math work. This mleue shall apply even in the event of fault of negligence of the any rebound mid shall extend to the directors, officers and anpl.yces orsuch parry. The Sellers contractual obligations, including wamanty, shall not be dermal m be reduced, in any wag because such work is preformed or used In be perfoemM by the Puchoser. 14. PATENTS. Whenever the Seller is topmost to use any design, device, material or process covered by heart, patent, trademark cupyrighL the Seller shall indemnify and save handess he Purchase, fmm any and al I claims far infringement by reason of the me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fur any cost, expense or damage which it may be obliged m pay by reaon of such iofringertlem at any time during the prosecution or after the completion of the work. In case said equipment, or any pan themaf nr 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 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 noninfringina equipment, or modify it so it becomes noninfiroging. 15. INSOLVENCY. If the Seller shall became insolvent or baN:mpt, make an assignment for the benefit of creditors, appoint a receiver or harder lot any of the Sellers property or busims, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of term used or me interpretation of Ore agreement and the rights are][ panics hereunder shall be ..adunder and mormed by the laws fthe Star ofColo.d., USA. The following Additional Conditions apply only in rases where the Sella is to perform work hereunder, including due wirdeci of S,Ilcrs Reprtsenmtive(d, on the premises of Inners. 17. SELLERS RESPONSIBILITY. The Seller shall c[ry on said work at Sellers own risk until the come is fully completed and accreted, and shall, in se of any accident, destmction or injury in the work andeor nations before Sellers thud completioo and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are burnished by others for installation in erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials anyor equipment were being fumished by the Seller under the order. 18. INSURANCE, The Seller shall, al his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or to correction with the work covered by this purchase aide,, and/or to their dependents in accordance with the laws of me smut in which she work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with tinnily injury and dram limits of at least 5300,O00 for any one peason. S50ram for any e accident and properly damage limit Pan accident of 5400,000. The Sella shall likewise require his eommebn, if any. to provide for such compensation and insurance Beroae any of me Senora or his contractors employees shall des any work upon the premises of others, the Seller shall fumuh me Purchuer with a c r ifirme mat such romperte'i'ion and insurance have been Wosdded. Such matifmc[cs shall specify the date when such compensation and insurance have been provided. Such renifircho shall specify the date when such compensation and announce expires. The Seller agrees slut such mmpen Lion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby -a.— the,=ire aespmrsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property accrued by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handless the Puahsser and any ,r all of the Purchasers oorrs e, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be put or subject by re ems of any act, action, neglect, omission or default on the pm of the Seller, any of his contractors, or any of the Sellers or contractors offit agents or employees. In case any suit or other proccon ings shall be 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 any of his commcmrs or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and ,o defend the same at the Sellers own expense, to pay any and all costs, charges, auomeys fees and other expenses, any and all judgments that troy 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 of the Purchaser, or said patties in or as a molt of such series or other proceedings, the Seller will at once cause the same to ha dissident and dischatged by giving bond or otherwise. The Sella and his contmnars shall take all wifely Incontinent, furnish and install all guard naessary, for for prevention of accidents, comply with all laws and regulations inch refund m safety including but without limitation, me OcaaPatiowl Safety and Holm Act of 1970 and all roles and ry alafions issued pursumar theism. Revised OM010