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HomeMy WebLinkAbout103941 CITY OF FTC MISCELLANEOUS - PURCHASE ORDER - 7708239PURCHASE ORDER PO Number Page City of^OI I I„noa2ss 1 of 2 ' 6rt r vs This number must appear " 1 1 on all invoices, packing sli s and labels. Date: 06/05/2014 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: 11/21/2007 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 1 lot 1 LOT EA 6-5-14 Hi John, PO 7708239 for $75,000 needs an account number change. It is currently set for 271701200.563040.6 but needs to be changed to 400706300.563040.6 as BU 271701200 is set to close in the next week. Thanks,Mindy 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 75,000.00 Total $75,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By saute the City of Fan Collins is exempt I,.. .,am it local lax-. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificae of Registry, 84-6000587 is registerN with the Collector Of Failure of the Purchaser to insist upon strict performance of the worms and conditions hereof, failure or delay to Formal Revenue, Denver, Colorado (Ref. Colorado Revised Scouni 1973, Chapter 39-26, 114 ord, exercise any rights or remedies provided herein or by law, failue to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speci firmiotss, either when shipped or due to defects Of any of the woranlies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumM to you for credit and are not to be replaced except upon receipt of written purchase,to insist upon strict performance hcre.for any of its rights Or remedies as to any such goods, regardless instructions from the City of Fort Collins. Of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pushover operate as a waiver Of any of the terms Inspection. GOODS are subject m the City of Fort Collin inspection oa Arrival, hereof. Final Acceptance, Receipt Of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authomed payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognise that in actual m is pmcnce, overcharges resulting from chairmance ngood ACCEPTANCE is dependent upon completion of all applicable required inspection prudum. violations are in fact home by e PurcM1.er. Thefnrefor fine reto cause and as a.idemtion for executing this purchase order, the Seller hereby a.ig. I. the Purchaser any and all claims it may now have or hereafter Freight From, Shipments man be FOB., City of Fort Collins, ]oo Wood St.. Fort Collins. CO 80522, unless aequi d under federal m sate antim.t laws for inch overcharges relating as the panivelar goods or services otherwise specified oa this order. Upermission is Given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Addirierm charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where tanufacwms have distributing points in various pans of the country, shipment is Iffhe purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the mamt distribution to, to destination, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller therms er indicates its inability or unwillingness to comply, rate rurcbnser shipments am it, from greater distance. may cause the work no be ceformed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall museum in sellers sole cost all necessary permits, metifemes and licenses required by all applicable laws, regulations, ordinances and toles of the state, municipality, mode ry or political su is iGsion where the work is performed, or required by any other duly co.rlmted public antibody havingymadinion over the work of senior. Seller further ages, to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by ream. of an ,erred or established violation of tiny such laws, mgulatia., ordinances, toles and requirements. AUOwrization. All probes to this contract agree that the reprserwin, are, in fact, bona fide and possess full and complete authority an bind said part LIMITATION OF TERMS. This Purchase Order expressly limits accu prvos no the maser and conditions sated herein set forth and any supplementary or additional tours and conditions mtnexad hereto or incoryontN herein by reference. Any additional or different coma and conditions imposed by action arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complee shipment a mrive oa your promised delivery date as noted. lime is of the common. Delivery and performance must be effected witbin the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall opemas as a waiver ofthis provision. In the runt ofany delay, the Pumh.er shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hnweveq the Serer shall not be liable far damages as a mutt of delays due in causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts.fGod, acts of civil or military authorities, governmental priorities, fires, spikes. Rood, epidemics, wars err hots provided that notice of the conditions among such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge theneuf. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually but by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, points, materials and work covered by this order will conform with applicable drawings, specifications, samples ampar other descriptions given, will be fit for the purposes imampded, and performed with me highest degree of ore and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or cxpema which the Purchaser may suffer or incur on account of the Sellers breach of wamanty. The Seller shall replace, repair or make goW, without cost to the purchaser, any defects or faults arising within one it) year or within such longer period of time as may be prescribed by law or by the tams ofany applicable warranty provided by the Seller aRer the dare of acceptance of the good f erished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or sex of goad by the Purchaser shall not Onsrimm a waiver of my claim under this wamanty. 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 warranties or guarantees, but such liability shall in no event include loss of profits or lass of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purch.er may make changes to legal terms 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 funs die quantities originally ordered in the specifications or dmwbtga, by vcrbul or written change orderft imy such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Function, may at any time by unar. change onler, terminate [his agreement . to any Or All POmOtts Of the goods then not shipped, subject to an, equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall ram be liable for tiny claims for anticipated pmfils on the uncompleted portion of the goads andtor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such mtmination shall relieve Ore Purchase, or the Sell,, ofany Of their Obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days tram the date the charge Or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered had furnished in inner compliance with all applicable laws and regulations to which the goods me subject The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required an be ncoryomted m agreements of this character arc hereby incorporated herein by this reference. The Seller agrees; to indemnify and hold the Pumhasa bamnless from all costs and damages suR red by the Purchaser res a mull of the Sellers failure to comply with such law. 9. ASSGNhENT. Neither party shall assign, painfe, or convey this Order. or any motion due or to become due hereunder without the Prior wriuen consent of the other party. 10, TITLE. The Seller wamunta full, clear and unrestricted tide,o the Purchaser for all equipment. materials, and items famished in sufficionsions, of Has agreement free and clear of any and nil he., restrictiam, one rvetimi security interest encumbmnee, and claims curmhers. The Seller shall relcom the Purchaser and its commcmrs of any tier from all liability and claims of any tutu e resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The scucer contractual obligations, including warranty, shall not be dremed to be redound, in any way, because such work is cerformed or caasM to be cerformed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or P. owere l by lost, patent, armenurk or ropyright the Seller shall indemnify and save harmless the Purchases from any and all claims for infringetrmnt by reason of the use of such patented design, device, material or process in enrmection with the commit. and shall indemnify the Purch. -. for any not, expense or damage which it may he obliged no pay by tenon of such infringement at any time during the prosecution or after the completion of the work. In arse said equipment, or any pan thereof or the imended use of the good, is in such suit held to cunstimte infringement and the sex of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight to continue using said equipment or pans, mplare the same with substantially equal but noninGnging equipment. or modify it w it becomes nonin inging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmnent for the bereft of creditors, appoint a or trustee rop for any of the Sellers perry or business, this order may forthwith be red cancelyd by Purchaser with.., liability. 16, GOVERNING LAW. The definitima of terms used or the interpretation of the agreement and the righn ofall parties hereunder shall be committed under and governed by the laws ofthe Sate of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re smorea dve(s), on the premises of othen. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, n case of any accident, destruction or injury to the work andbr mataids before Sellds final completion and acceptance, complete arse work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc 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 power equipment were being famished by the Seller under the ardor. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefs, to its employees employed on or in connection with the work covered by this purchase order, un lmr to their dependents in accordance with the laws of the spate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with hardly injury and death limit, of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, irony, to provide for such comps.nion and insurance. Before any of the Sellers or his contraaars employees shall do any work upon the premises orations, the Seller shall famish the Purchaser with a certificate unit such compenation and insurance have been provided Such ce oficates shall specify the date when such implant ... ton and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrus that such compensation and insurance shall he mammind[ until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby maumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided fro, in this purchase order or in connection herewith. The Seller will indemnify and hold handlers 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 property to which the Purchaser may In, put or subject by reason of any am, action, neglect, omission or default on the pan of the Seller, any of his commcmrs, or any of the Sellers or contractors officers, agents or employees. In case any sub, or other praeedings shall be, brought against the Purchase, or its officers, agents or employees at any time on account or by reason of my =4 action, region, omission or default of the Seller of any of his contractors or any of its or their offices, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expe.e, to pay any and all costs, charges, atmmeys fees and one, excenses, any and all judgmenes that may be incurred by or obtained against the Purchases 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 progeny of the purchaser, or said punies in or as a result of such in or other proceedings, the Seller will at once cacao the same an be, dissolved and discharged by giving bond or oubmane. The Sellec and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with tegand to safety including, but without limitation, the Occupations] Safety and Health Act of 1970 and all rules and regulations issued pursuant theme. Revised 03n010