HomeMy WebLinkAbout124615 LARIMER COUNTY WORKFORCE CENTER - PURCHASE ORDER - 9140344 (2)PO
" Number Page
City OfPURCHASE ORDER 9140344 1of2
Tis number must appea
F6rt Collins ll invoices, packing
sli s and labels.
Date: 09/05/2014
Vendor: 124615
LARIMER COUNTY WORKFORCE CENTER
ATTN: WENDY HORST
PO BOX 2367
FORT COLLINS CO 80522
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Amendment 1 to add additional 1 LOT EA 5,449.60
funds per req 47791
Total $5,449.60
I'.
ail ii �'
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm 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 Fort Collins h exempt from sure and local axes. Our Exemption Number is
I L NON WAIVER.
9bC 502. Federal Excise Tax Exemption Cau ficre of Registry 84-6000587 is registered with the Collector, of
Failure of the Purchaser to insist upon can performance of the it. and conditions hereof, failure or delay fa
Internal Revenue, Damon, Colorado Ill Colorado Revised Scram 1973, Chapter 39-26,114 (a).
exercise any rights a remedies provided harem a by law, failure to pmmptty capfy 1be Sella in the evem of.
breach the acceptance of or payment for goods hareunder or appmval of the design, shall act release the Seller of
Goods Rejected, GOODS REJECTED due to failure,. meets secifci ims, either when shipped on due to defects of
any of the companies or obligations of this purchase order and shall ma be deemed a waiver of any fight of the
damage in o... it, may be remnsN re you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict pafnrmmce hemofm any of its rights or remedies ex to any such goods, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoced
oral modification or rescission of this purchase order by the Purchaser oppose, as a waiver of any of the terms
Inspection. GOODS ate subject m the City of Fun Collins inspection on formal.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order .n result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aphorised payment oa the pan of the City of Fon Collins. However, it is to be undemood that FINAL
Seller and the Purchaser reco'nia, that in actual ecis pmnice, overcharges resulting from mfiftmt
ACCEPTANCE is dependent upon completion of all applicable mquired inspection procedures,
violations arc in fart boom by the Purchase,. Theremfore, for good must and es c... idempron for executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims a may now have or hereafter
Freight Tema. Shipments all be FOF, City of pan Collins, 700 Wood St, port Collins, CO 80522. mdess
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this under. If permission is given to prepoy freight and charge separately, the ofiginal bright
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufctnar have chanbuung points in Summus parts of the country, shipment is
Ifthe Purchaser directs the Seller to eeret nonconforming or defclive good by a dam to be agreed upon by the
expected from the nearest distribution point to deslimtion, and excess freight will be deduced farm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipment are made from greater distance.
may cause the work in be perfomred by the most expeditious means available to it, and the Seller shall pay all
cos¢ associated with such work.
Permits. Seller shall procure at sellers sole cost all natesury parmib, certificates and licenses required by all
applicable laws, regulations, ordinances and roles a the safe, municipality, renitory or political subdivision where
the work is performed, or required by any other duly vocational public ordinary Imengjudsdlnion over the work
of vend., Seller fuller agrees 1. hold the City of Fort Collins harmless from and again all liability and loss
incurred by them by reason of an asserted or established violation of my such lawn, regulations, ondimnces, poles
and ac conan es,
Authmizmon. All patties to his scraper agree that the representatives are, in fact, bona fide and possess full and
complete authody 1r and said pares.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the team mad coMifi.ns stated
herein set finch and any supplementary m adddiamA terms and conditions anw.rd beran m incorporated heel. by
se@recce Any eddifi.nal or Giffin of terms and conditions Imposed by seller are objected 10 and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oil your
promised delivery dare as noted. Time is of the essence. Delivery and imfammance most her effected within the time
,.an on the purchase order and the de oormas marched hereto. No acts of the Purchasers including, without
limitation, mrsa ce of panda] lose delivena, shall operate as a wawa of Nis prevision. In the evens ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option ofplxcing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages u a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such sera of Had. tads of civil or military mgmaies, governmental priorities, fires, stakes, flood, epidemics, wars or
ants provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller bast received knowledge thereof In the event of any such delay. the date of delivery shall be
extended for the peried equal 1r the time actually Imr by cease. of the delay.
3. WARRANTY.
The Seller wanams that all gods, peidu, materials and work covered by this under will conform with applicable
drawings, specifications, samples andlor other descriptions given, will be fit for the 'mim.es intended, and
performed with the highest degree of care and competence in accordance wind accepted smndands for work of a
similar nature. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may sufferer incur on account office Sellers breach of w ormay. The Sella shall replace, repair or make
.:. good, without cost m the purchaser. any defects or faults nosing within one (1) year m within such longer Refiad of
time as may be prescribed by law or by the fetms of my.,liable wzrmnry provided by the Seller after Be dose of
acceptance of fire goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or detective work done or materials finished by the Seller. Acceptance m use of goods by he Purchaser shall not
unstitme a waiver ofany claim under this warranty. Fxcept 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
confectioners, but such liability shall in no event include loss of inni or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal teats by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Perelman may make any changes m Ore terms, other don legal tears. including additions 10 or deldlom from
err quantities originally ordered in the specifications or dmwiptio, by venial or wdren change order. If any such
Orange offices the amount due or the lime of performance hereunder, fin equitable adjustment Shall be made.
6. TERMINATIONS.
The Purdm.er may ar any time by written change color, terminate this agreement as to my or all portions ol'the
goods then not shipped, subject to any equitable adjustment between the parties a to any weak or materials then in
progress provided that dre Purchaser Shull not be liable for any claims for anticipated profs on the uncompleted
portion office goods andfor work, For incidental or consequential damages, and that no such mijnsrmmt be made in
favor of the Seller with emptier to any goods which ac the Sellers slmdand suck. No such tenniwtion shall mirror
the P omhaser or the Seller crony oftheir obligations in to my goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or fermmmion is
ondered,
8. COMPLIANCE WITH LAW.
The Sella wa 1, tom all good sold hereunder shall have Even produced, sold, delivered and fmished in Shia
compliance with all applicable lams and regulations in which the good are subject. The Seller shall execum and
deliver such documents m may be required to effect orevidencecompliance. All laws and regulations taloned m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees no
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchasm as a result of The
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due bartender without the
inner wrinen consent of the other party.
10. TITLE.
The Seller watmnes bill, clmr add uppraiocted 611e 10 the Purchaser for all equipment, materials, and items fomished
in Performance of this agreement f and clear of any and all liens, restrictions, resenari,ns, smuiy interest
encumbrances all claims ofothers.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the peformame, afmah work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, onicas and employees o'sucb puny.
The Seller's comrocmed oblitialimrs, initialing wnrmnry, shall not 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 ¢ eequiaed m use ony design, device, inrenal or process covered by teeter, patent. madenark
copyright, the Sella, shall indemnify and save harmless the Purchaser from any, and all claims for infringement
by reamer of line use of such Impanel design, device, material or process in connection with the contract, and
shall indemnify the Purchaser her any cost, expense or damage which it may be obliged in pay by mama of stale
infringement at uny time during the prosecution or after the completion of the work. In eau mid aimprims, or
any part thereof or the intended use of the good, is in such suit held to conappor infringement and the use of
Said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the right in continue using said equipment or pares, replace the same with substantially equal but
mismanaging equipment or modify it so it becomes nounfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or badtmpt make an assignment for the benefit of creditors, appoint a
evervivor or trnsfee for my of the Sellers property or business, this ender may forthwith be canceled by the
purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation either agreement and the fights ofell parties hereunder shall be
constmcd under and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in now, where the Seller is to perform work hereunder.
including the Services of5ellers Represenative(s), on the premise af.th ri,
❑. SELLERS RESPONSIBILITY.
The Seiler shall tarty on said work a1 Sellers own ask until the same is fully completed and accepted, and shall,
if Sam of any accident dam etion or injury to the work md/or materials before Sellers final completion and
acceptance, complete the work a1 Sellers own expense and to the satisfaction of the Picaboser. When materials
and equipment are furnished by others for iastallmion or erection by the Sella, the Seller shall receive, unload,
store and handle mine at the site and become resppnsible therefor res though such materials anNor equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disuse benefits, to its employees employed on or in wnneerion with the work covered by this purchase auto,
andtar to their dependents in mc.ndance with the laws of the sure in which the work is to be done. The Seller
shall also tarty comprehensive general liability includin& but tent limited to, contractual and automobile public
liability insurance wind bodily injury and death limier of at leas, 5300,040 for any arc person, 5500,000 for any
accident all property damage limit pa accident of S30g000. The Seller shall likewise mlmor his
antmemrs, if any, to provide for such compensation and insurance. Brute any of fe Sellers or his commemrs
employees shall do any work upon the premises of ulhem, the Seller shall famish the Purchaser wile a irradiate
that such compensation and insurance have been provided. Such cerifiams shall specify the date when well
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees cast such compensation and insurance shall be maintained until after the
.tire work is mmpleral and uncapped,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby —.-the tartar responsibility and liability for any and all darmagq loss or injury of any kind
or nature whosoever to persons ar Pmpar, used by or resulting from the execution of lee work provided for in
this purchase Oder or in connection hcewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers olticen, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether no persons or pre say to which the Purchaser may
be put or subject by reason of my am, actor, neglect, omission or default an fire Pun of the Sella, any of has
commnms, or any of the Sellers or conaactors officers, .'erns or employees. In case my .it ar .h ,
proceedings shall be bought against the Purchases, or its officers, agents or employees So any time an account or
by reaSan of my art, action, neglect, omission or default of the Seller of my of his centmetors or my of its or
their often, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
my and all jlmgmenls that nay be incurred by or notified alpaca she Purchaser or my of an or their officers,
agents or employees in such suits or other pmcedings, and in arse judgment or other lien be placed upon or
abuinrd against the property of the Purchase, m Said parties in ar as a result of such suits m other proceedings,
the Sella will at once cause the Same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and mobill all grand necessary for the prevention of
accidents, comply with all laws and regulations with regrind to safety inclining, but without limitation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursumt Nartm.
Revised 0717014