HomeMy WebLinkAbout103941 CITY OF FTC MISCELLANEOUS - PURCHASE ORDER - 9115436Fort Collins
Date: 06/12/2014
PURCHASE ORDER
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS.*
PO Number Page
9115436 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 09/16/2011 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 Project Management Services
STC and MFE
yam,. ,. {
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 EA
Total
Invoice Address:
148,846.75
75
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 Pon Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
formal Revenue, Denver, Colorado (Ref, Colorado Revised Smmtcs 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects a
damage in nown, may be resumed to you for credit and ate not to be replaced except upon receipt of written
instructions from the City of port Collie.
Inspection. GOODS are subject to she City of Fan Collins inprsion on arrival.
Final AmOccures. Receips of the merclundise, movie. or egitipmens in manage to shin order ra result in
authorized payment oa she Nn of the City, of Fort Calif.. However, it . to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Tears. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless
otherwise specified on this order. If pemtission is fawn to prepay freight and charge separately, the original freight
bill must stonecutter invoice. Additional charges for packing will not be accepted,
Shipment Distance. Whom manufnewrers have distnbming points in various parts of the country, shipment is
expected from the nearest dutiibution point to destination, and excess freight will be deducted been Invoice when
shipments ate made from grtmer distance.
Permits Seller shall prate at sellers sole rust all necessary permits, rudifimtes and licenses required by all
applicable laws, regulations, oNimxnces and tales of the state, municipality, serrtory or political subdivision where
the work is performs, or required by any other duly carmiiwted public authority havingjunvliction over the work
of vendor. Seller further agrees m hold the City of Fart Collin harl.s Sam and against all liability and loss
rearoW by them by reason of an asserted or established violation of any such laws, negations, ordinances, holes
and requirements.
Authorization. All parties to this contract agree that the rep ssentmives are, in fact, been fide and possess full and
complete authority to bind said pries.
IJMlVAT10N OF TERMS. This Purchge Giver expressly limits aeceptance Ise the tern and conditions stated
herein set fond and any supplementary as additional terms and ... bilious armexed hereto or incmpoared herein by
refmoce, Any additional or difiiarurus and condition proposed by seller are objected I. and hereby rejmM
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dam refined, I ire is of the essence. Delivery and peowrmawc most be effacrd within the time
voted an the parches, order and the dom scam a ached hereto. No acts of the Purchasers including, without
Iimitmion, acceptance of partial lade Jelivenes, sM1ull operate as n waiver of this provision. In the.'end of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not M liable for damages as. result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such ass. of God, aces of civil or of flurry authomes, govemmenul point fees, strikes, Rood, epidemics, wars or
riots pmvids that ounce of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In tab event of any such delay, the date of delivery shall be
extended for the pens equal as the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this under will ronfomt with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the 'grooves intended, and
performd with the highest degree of care and competence in accordance with accepted standards for work of a
'similar nature. The Seller agrees to hold the porringer hamtless been any loss, damage or expermse which the
Purchaser may suBa or incur an accound of roe Sellers breach of warwty, The Seller shall replace, repair or make
good, without cost to the pural ater, any defects or faults mining within one (I) year or within such longtt period of
lime as may b, prescrihd by law m by the moms of my applicable warranty provided by the Seller after the dam of
worriment of the goods f ished hereunder (acapance not to be umeasorebly delayed), resulting from impeff t
or def ,five work done or materials famished by the Seller, Acceptance m tau of goods by the Purchaser shall not
contimte a waiver ofany claim under this warranty. Exceptn otherwise provided in this purchase odes, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or Summers, but such liability shall in no event include loss strait or lass 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 a— by goon change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes in the now, other than legal terms, including addition to or deletions fmm
me quantities originally ordered in red apecifieanore or drawings, by ve mud or —then change nMn. If any such
change affects the amount due or the time ofpefforiance hreundeg as equitable sojourning shall be made.
6. TERMINATIONS.
'Ile Purchaser may al any time by written change order mrminam this agreement as to any or all pan,.- of the
,ands then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided tbm the Purchaser shall not be liable for any claims for anticipated wells on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with reaped to any goods which am the Sailers standard stack. No such termitution shall relieve
the pumhaser or the Seller of any oftheir obIi emmis as a any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for minimum most be asserted wind. thirty (30) days from the dam the change or mundrom on is
ordered,
8. COMPLIANCE WITH LAW.
The Seller warands that all goods sold h,muader shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to 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 m be
incorporated in agreements of this character are hereby incoryamted herein by this effectuate. The Seller agrees to
indemnify and hold the routines, hmml.s firm all cosecs and damages suf(aed by the Purchaser as a metals of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither party shall a.ign, manfer, or convey this order, many monies due or to become due hereunder without the
poor wi iren summer of the miser parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Pamhaser for all equipment, materials, and he. fttrrinhed
in performance of this agreement, free and clew of any and all lien, morsuchow, reservations, security interest
memidraoces and claims dredges
11. NONWAIVER.
Failure of the Purchaser m insist upon addict performance critic terms and conditions thereof, failure or delay to
hrn4any rights or remedies provided herein or by law, failure to promptly parity the Seller in the event of a
the acceptance ofor payment for goods hereunder or approval orthe design, shall not release the Seller of
any of the warranties or obligations of this purchase under and shall not be deemed a waiver of any night of the
purchaser to insist upon strict perfurance hereof or any of its rights 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 mti faction or rescission or Nis purchase order by the Purchaser operate of a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mognize that in actual economic practice, overcharges resulting fxm antitrust
violations art in fact home by the Purchaser. Theretofore, far good cause and as consideration for executing this
Purchaser codes, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under (deal or sure antitrust laws for such overcharges relining to the particular goods or services
purchased or acquired by the Purchaser pursunal to this purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs rise Seller to corn nonconforming or defective goods by a dam to be agreed upon by the
Purchaser and the Seller, and the Seller dismember indicates its inability or unwillingness to comply, the Pacbnser
may crone the work to be performed by rise rant expeditious mean available to it, and the Seller shall pay all
as. a.ocined with such work.
The Seller shall release the Purchaser and its contracars of any tier fmm all liability and claims of any nature
executing fmm the performance of such work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, officers and employees arms, party.
The Sellers contractual obligations, including wamnly, shall not b, deemed to be reduced, in any way, because
such work is performed or caused In b, performed by the Purehasa.
14. PATENTS.
Whenever the Seller is raguired to use any design, device, maerial or process covert by later, patent, WJemmk
or copyright, he Seller shall mummify and save harmless the Purchaser for. any and all claims for infringement
by reason of the use of such Intended design, device material or process in connection with the contras. and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work, In caw said equipment, or
any pan the rof or be intended use atria 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 fur die
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
meinfringing equipmmt or mndify it so it becomes noninfringing.
ff. INSOLVENCY.
If the Seller shall become inaohem or bandsman, make an assignment far the benefit of creditors, .,point a
or trustee far any of the Sellers pmpry or business, this ar ll may faiawith be efteded by ae
Purchaser without liability.
if. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the nights craft parties hereunder shall be
cans Wed uncle[ and gavamed by the laws of the Sate of Colorado. USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers RepresentativvOk on the premises ofoasts.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk unfit the name is fully completed and accepted, and shall,
in else of my accident, destruction or injury to the work andior rntsals before Sellers final completion and
acceptance, complete doe work at Sellers own expense and Ise the smisfaction of $e Purchaser. When mmenals
and equipment are Famished by others for installation or erection by she Seller, the Seller shall receive, unload,
store and handle same at the site mid become responsible therefor as though such materials endue equipment
were being fumisht by the Seller under he ender.
18. INSURANCE.
The Seller shall, at his own expense, provide far 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,
.We, to their depeMends in acrndance with tab laws of the scam in which the work is as be done. The Seller
shall also carry compre6ensve, greml liability including but not limited m, con uchical and automobile public
liability it .—a ssi b twenty injury and death time. of at least S300,tllq for any one person, 55en,000 far any
one accident and property damage limit per accident of S41)(1.000. The Seller shall likewise require his
if any, to provide for such camprnsmmn and ins . Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, $e Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided, Such ceNfca e, shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurawe expires, The Seller agrees that such compensation and insurnce shall be mainmined until after he
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Ilse Seller hereby assumes the rtim mporuithdity read liability for any and all damage, loss or injury ofany kind
or rmlure whasao.er to person or property caused by or patching fmm the exeation of the work provided for in
this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Enrichment officers, nga.. and employees form and a,arms any and all claims, loss., damages,
charges m expenses, whMer direct or national, and whether to person or property as which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pat of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
proceedings shall be brought against he Purchase, or its officers, agents or employees ad any time on account ar
by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of ids or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the damage thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges. runways fees and other expenses,
any and all judgmenk, fruit may be incurs by or obtained against the Purcbastt or any of its or their officers,
agents or employees a such suits w other, pmcetings, and to case judgment or other lit he placed upon or
obtained again the property of the Purchaser, or said Fact. in m as a result of such suits or ocher proceedings,
the Seller will at once cane the acme to be dissolved and discharged by giving bond or edgewise. The Seller and
his rmrr tams shall take all safety preewrions, faamish and install all goad necessary for the prevention of
accidents, comply with all laws and regulation want respond sa softy including, but wihoud limitation, the
Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto.
Revised 03CO10