HomeMy WebLinkAbout461452 CITY OF LOVELAND - PURCHASE ORDER - 9144251of
FOCity, Collins
Date: 07/30/2014
Vendor: 461452
CITY OF LOVELAND
ACCOUNTS RECEIVABLE
500 E THIRD ST, STE 320
LOVELAND CO 80537
PURCHASE ORDER
PO Number Page
9144251 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE'AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 07/25/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 22014 Airport IGA
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
177,500.00
Total $177,500.00
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 stone the City of Fort Collins is exempt [ram sloe and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04503. Federal Excise Tax Exemption Cmificaf of Registry M 600058I is registered with fire Collect., of
Failure of the Purchaee to insist upon artier Monrmance of the terms and conditions hereof, failure or delay to
Interco] Revenue, Denser Colorado (Ref Colom la Revised Stmuta 1993, Chapter 39-26, I t4 (a).
exeriu any rights or ramcdies provided herein or bylaw. failure a promptly wnfy the Seller in the event of a
breach, the aceeptame.for payment for goods hereunder of ri,mool aOhe deign, shall not releae the Seller of
Goods Rejected, GOODS REJECTED due to failure to meer speciGwtiones, either when shipped a due to defects of
any of the warranties or obligations of this purchase order and shall rut be dttred a waiver of any right of the
damage in transit, may No returned to you for credit and are not to be replaced except upon receipt of written
purchaser to ins¢t upon am,, performance hereof., any of its ,his or remedies as a any such goods, regardless
instructions firm the City of Fort Collins,
of when shipped, received or accepted, as to any prior or subsequent defuul, hereunder, nor shall troy pur amed
oral modification or rescission of this purchase order by the Purchaser operaf as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on mmwL
hereof.
Final Aceeposnce. Receipt of the merchaMise, services or equipmmt in ,espouse a this ceder can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
auNoriced payment on the pan of she City of Four Collins. However, it is a M understood that FINAL
Seller sal the purchases recognize that in acrual economic practice, overcharges; resulting from anticust
ACCEPTANCE is dependent upon completion of all applicable cultured inspection pmaedumes,
violations are in fact home by the Purchaser. Thefreotee, four good cause and as consideration for excavating this
purchase order. the Seller hereby sssigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Ton Collins, 700 WOW St., Fort Collins, CO 80522, unless
acquired under federal or state antirrm laws for such overcharges miming to the particular goods or services
otherocce specified on this order. If pconcessions is given to prepay freight and charge separately, the original freight
purhaud or acquired by the Pumhmer pursuant to this purchose order.
bill met aemearro v invoice. Ackho... I am. far Nckine will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in vary us pans of the country, shipment is
expected from the nearest dis[nbution Point m destination, and excess freight will be deducted from Favorite when
shipments are made from g.,a, commit.
Permits. Seller shall procure at sellers sale cost all necessary, permits, certificates and licenses required by all
applicable laws, regulation, oNitunees and rules of the sere, municipally, territory or political subdivision where
the wmk is performed, or required by any other duly care iruted public wilboriry loingjunedicami over the work
of condor. Seller Number ages to hold the City of Fort Collins hairless fmm and against all liability and loss
incurred by them by mason of an msmed as established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authaily to bind mid ponies.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance u the terra and cour itiom stated
herein set fonh and any supplementary or addimar it forms, and conditions annexed hereto or incorporated herein by
reference. Any additional or different team and conditions proposed by seller are objected a and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date ss noted. Time is of the assence. Delivery an l Performance must be effected within the time
stared on the purchase order and she documents mmched hares.. No acts of the Purchasers including, without
laid acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay,
the summer shall have, in addition to other legal and equitable remedies, the option ofptadng this other elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable f damages ss a result of delays
due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence.
such acts of God, acts of civil or military authorities, guvemmenal priorities, fires, strikes, flood, epidemics, wars ar
rims 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 thereof In the event of any such delay, she doe of delivery shall be,
extended far the period equal a tha time actually lost by reaon of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptiatrs given, will be fit for the purposes marshal, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
mile mature. The Seller agrees to hold the pmclamer hornless fmm any lass, damage or expense which the
Purchmm may suffer or i.e. oa acmua of the Sellers bench of.,. The Seller shall replace, repair or make
good, without cost e de purchaser, any defects or foul raising within one (1) year or within such longer period of
time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods !misted hereunder (Oceeptance not m be unceamrably delayed), resulting (ram imperf I
or defective work it.. or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder stall extand u all damages proxirvely caused by the breach of any of the diagohtg warranties
err gramatts but such Zia miry shall in no event ittcltvle loss of profs 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 teats by wrinen change codes.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to she terms, other than legal more, including additions an car deletions from
the quantities originally ordered in the specifications at drawings, by verbal or writ change order. If any such
change aliects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purmusm may at any time by wrom change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to my work or materials than in
progress provided that the Purchaser shall not bat liable for any claims for anticipated profits on the uncompleted
Portion of the good arNfor work, for incidental or box"nmual damages, and dust no such adjemmmt be made in
favor of the Seller with respect many goods which ere the Sella stall stock. No such termindoon shall relieve
the Purchaser or the Seller ofany of their obligations m to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjamment most be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller ..Is that all gawk said hereunder shall have been produced, sold, delivered and finished in stria
compliance with all applicable laws and regulations Io which the good ere subject The Seller shall exame and
deliver such documents as may be required to 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 Purchases harmless main all costs and damages suffered by the Primmer res a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any manias due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warmats fll, clear oral tuuestrimed title I. the Pmchmer for ell equipmmt natcriak, and items fitmirmd
6 performance of this ageemem, fire and clear of any must all limn, restricuom, reservations, smunry interest
mcumhmwcm mid claims of othm.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iffle Purchaser directs rate Seller so wooer nonconducting Or defective goods by a date to be agreed upon by the
Purehaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
may cause the work m be performed by she most expeditious means available to it, and the Seller shall pay all
cosh, associated with such work.
The Seller shall science the Purchaser and its contractors of any tier four all liabday and claims of any Nface
resulting from ere performame crouch week.
This release shall apply even in the evens of fault of negligence of the party released and shall extend to the
directors, officers and employtts ofsuch party.
The Seller's contractual obligations, including wrommay, shall nor be deemed to be reduced, in any way, became
such work is performed or caused to be pcburmm by the Purchaser.
14. PATENTS.
Whenever d, Seller is requited to me any design, device material or prams, covered by lanes, pmmt, hademark
or copyright, the Seller shall indemnify and save hamtless the Purchases from any and all claims for inforgemen,
by reason of the use of such patented design, device, material or process in connection with the contract. and
shall indemnity she Purchaser I., any toss, expenm or damage which it may be obliged t. pay by reason of such
infringement at any time during the prosecution or after she completion of she work. In case said equipment, a,
any pan thereof or she intended use of the good, is in such suit held to constitute infringement and the ace, of
said optimum m or part is rejoined, the Seller shall, at its own expense nM at its option, either procure for the
Purchaser the right to continue using said equipment or puts, replace the name with substantially equal but
noninfnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bademp,, make w assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canMN by the
Furtherer without lia filiry.
16. GOVERNING LAW.
The definitions of ores used or the intemmmtion .fee agreement and to, rights .fall panics hereunder shall be
conamW under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply any, in taus where the Seller is to perform work hereunder,
including the services of Sellers Rapresenative(s), an the premises ofoNen.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or many to the work and/or materials before Sellers final completion and
acceptance, complete the work of Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment ere firmish d by others for imtillation or erection by the Seller, the Seller shall receive, unload
store and handle name at the site aril become responsible therefor as though such materials rather equipment
were being f ished by the Seller a sides the cover.
18. INSURANCE,.
The Seller shall, at his own expense, pmyide for the payment cf workm compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependants in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry compreben rase, general liability including but not limited to. contractual and automobile public
liability imunrce with bodily injury and death limits of at least $300,000 fa any one pnw4 5500,000 for any
one maiden, and pmpmy damage limit per accident of S300,000. The Seller shall likewise require his
contractors, If may, io provide for such comla merman and wou rime. Before any of the Sellers or his carnation
employees shall do any work upon the premises of others, the Seller shall famish the purchases with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and resource expires. The Seller agrees than such compensation and ireaance shall ba maintained until after the
retire work is completed oral accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the retire respomibild, and limitary for any slid all damage, loss or injury of any kind
or nature whatsoever to Persons or property caused by or resulting from the execution ofhe work provided for in
this purchase aide, or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents ard employees fmm and against any and all claims, losses, damages,
charges or expenses whether direct or indirect, oral whether or persons or pva,rso, to which the Franchises may
be put or subject by raven of any act, action, neglect, omission or default on she pan of the Seller, any of his
contractors, or any of the Sellers as contractors oRcm, agents or employees. In case any air or other
proceedings shall b• brought against the Purchaser, or its oBicm, agents or amplayees at My rime on Uco t or
by reason of any act, action, neglect, omission or default of the Seller of any of his contricmrs err any of i,a err
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume de defense thereof and to
defend the name at de Sellers own experese, a pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be insetted by or obtained against de Promoter or any of its or their oRicm,
agent or employees in such suits or other proceedings, and in tau judgment or other Jim be placed upon or
obtained against the property of the Purchaser, or mid parties in or as a result of such suits or other pmcedirip.
the Seller will at once cause d, same to be dissolved mid discharged by giving bond or otherwise. The Seller and
his contradnrs shall lake all safety precautions, furnish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard W safety including, but without limitation, the
Occupational Safety and Hmlth Act of 1970 and all sales and regulations issued pursuant thereto.
Revised 07R014