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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9124738PO PURCHASE ORDER 912473er Page C117/ of PURCHASE 9124738 1012 F6r} Collins This number must appear ,�'`�'J`-, ` ` 1 1 on all invoices, packing sli s and labels. Date: 07/17/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/30/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Mason BRT 1 LOT EA 198,829.00 Addendum 1 P,4 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 $1 Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 98 04502, Formal Excise Tax Exemption Cumuli of Registry 84L000581 is registered with the Collector of Inmmal Revenue, Denver, Coleman (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rjmted. GOODS REJECTED due ca failure to mad specifications, either when hipped or due to dnmets of damage in transit, may be retumd to you for credit and are not to be replaced except upon receipt of written Instructions from the City of Fort Collins. Inspection GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, senives or equipment in response to this order can result in authorized payment on the part of the City of Fan Collins However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures Freight Terms, Shipments most be FOIL ., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Upem,issm. is Siven m prepay freight and charge separately, the original freight bill most wemincny inceice. Additional charges fir Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in course pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance, Permits. Seller shall procure at seller sole cost all occc,,a, permits, eenifimtes and licenses required by all applicable laws, regulations, ordinances and tales of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority haviogjurluliution over the work of vendor. Seller further agrees to hold the City of Fort Collins hamrless tram and against all liability and loss unummed by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and mqutmnents. Amhodaation. All ponies t. this ...never agree that Pe representatives are, in fact, bona fide and possess full and complete authority in bind said parties. LIMITATION OF TERMS This Purchase Order expressly limits aconpmnon 1. the rums and wadi,,.., staled herein set forth and any supplementaryor additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejmted. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery data as noted Time is of the essence. Delivery vad perbapp nee must be effected within the time stated on the purchase order and the documents attached human. No acts of the Purchasers including, without foundation, acceptance effected late deliveries, shall operate as a wairmi-ofthispomixion. lntheeventofanydelay, the Purchaser shall base, in addihon m other legal and equitable retndies, the opton ofpIwing 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'. causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, pornimental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of The time when the Seller first received knowledge MarcrE In the event of any such delay, the data of delivery shall be extended for the period Moral to the time aurally lost by reason of he delay. 3. WARRANTY. The Seller warrants 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 care 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 or expense which the Purchaser may sus or incur on account of the Sellers breach of wamemy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or felts arising within one (1) year or within such longer period of time as may be proscribed by law or by the Warne, of any applicable warranty provided by the Seller after the dare of acceptance of the goods maintained hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials launched by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 wain cos or guarmre-, but such liabiliry shall in no event include loss or prefix or lass of use, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purnmew may make changes to legal terms by women change ordr. 5. CHANGES IN COMMERCIAL TERMS. The Purchw may make any changes to the terms, other than legal terms, including additions to or deletions tram Me quralifc, mr,inally ordered in the specifications or drawings, by verbal or n change order. If any such change affects the amount due or the time of performance hereunder, W Mumble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate fix p rmmem as to any or all portions of the goods than not shipped, subject to any Mutable adjustment between the parties as to any work or materials then in progress provided Oul the Purchaser shall not be liable for any claims for anticipared profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and 'hat an such adjustment b, made in favor of the Seller with respect many goods which am the Sellers standard stock. No such temmination shall relieve the borehole, ar the Seller of any ofthcic obligations as m any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant fat all goods sold hereunder shall have been pudu ad, sold, delivered and finished to sill 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 to effect an evidence compliance. All laws and regulations required an be incorporated in agreements of this character ore hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all Costs and damages suffered by the Furtherer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry skull assign, trans[ q or convey this oMer, or any monies due or to became due hereunder without the poor moment t amr..ftha other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Manhattan for all equipment, materials, and away famished in performance of this agreenem, free and clear of any and all [iens, resMetiors, reservations, securely interest encumbrances and claims of others 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval effe design, shall not release the Sellerof any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance heeofor any of its rights or remedies as IS any such goods, regardtass of when shipped, received or accepted, as to any prior or subsequent default hereunder, our shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that m acual estuarine practice, i emherges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for Van 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 acquired under federal ar state antitmst laws fir such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to camel nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or nnwillingnns to comply, the Purchaser may cause the work to be performed by the most expeditious means available an it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nacre resulting from the wrificarromwe of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, affects and employees of sue], party. The Settees contractual obligations, including warranty, shall part 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 covered by letter, patent, trademark or copyright. the Seller shal I indemnify and save harmless the Purchaser from any and all claims for mfinagement by reason of the use of such patents design, device, mntenal or process in connection with the contract, and shall indemnify the Purchuser for any cost, upenss or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after 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 infdng,ram t and the use of said equipmmt or pan is empind, the Seller shall, at its awn expense and at its option, either prefer, for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but nonrficaring equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNrmpt, make an assignment for the benefit of Medicare, appoint a receiver an or munce for y of the Sellers property or business, this order may forthwith be canceled by the c Pas haser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and he .,his of all parties hereunder shall be convinced under and gevened by the laws of'he State ofCaloevdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, melting, the services of Sellers Repreunurive(s), oa thepremises of others. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees awn nsk until the same is filly completed and accepted, and shall, in rase of any accident, destruction or injury to the work and/or materials before Sellds final completion and -variation, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are parishes! 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 reciprocal were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wark covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be More. The Seller shall also carry comprehensive general liability including, but not limited to, contracbml and automobile public liability insurance with bodily injury moo deaf limits of at least b300,0on for any one person, $5w," for any one accident and property damage limit Per accident of $400,000, The Seller shall likewise require his contractor, if any, ca provide for such compensation and inswence. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the prominent with a certificate that such compensation and insurance have been provided. Such cerificates shall spvify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expiresMeSeller agrees that such compensation and insurance shall be mainmdad until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury of any kind or mature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cormeetion herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors often, agents or employees. In case my suit or other proceedings shall be hrought 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 his contractors or my of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defnse thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anameys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other procedings, and in case judgment or other lien be placed upon or obtained against the property of the Prechaur, or said parties in or as a result of such suits or other procedings, the Seller will at once cause the same In be dissolved and discharged by giving bond or otherwise. The Seller and his community shall take all safety Recommits, [miss and install all guards necessary far the prevention of accidents, comply with all laws and regulations with regard to safe,, including, but without limitation, 'he Occupational Safety and Health Act of 1970 cad all rates and regulations issued pursuant thereto. Revised 092014