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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214064PO PURCHASE ORDER 321406er Page CI�/ of PURCHASE 14064 t of z ' `t Collins( hisnumber must appear v ` �7 on all invoices, packing sli s and labels. Date: 09/17/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add additional funds per req 48099 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@fogov.00m 1 LOT LS crr rrr rr 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 Fort Collins is exempt fbm state and local taxes. Our Exemption Number is II. NONWAIVER. 96-64502. Federal Excise Tax Exemption Cargo a of Registry 84-6000587 is registered with the Coll«mr of Failure of the Prolamin to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Ornver, Colorado (Rd. Colorado Revised Statues 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor paMan for goods hereunde....... s] of the design, shall not release the Seller of Good Rejated. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defrcts of any Of the warranties or obligations of this Purchase order and shall rot be deemed is waiver of any eight of de, damage in wreit, may be reamed to you for credit and for, not to be replaced except upon receipt of wnnem Purchaser to insist upon Strict performance hereof or any of its rights or semmiss as to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the rooms Inspection. GOODS are subject to the City of Fort Collins Impose tion on ar t Intent. Final Acceptance. Receipt of the merchandise, cmicas or equipment in response to this order can result in I2. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undemood that FINAL Seller aM the Purchaser recognive that or antral farmers, practice, overcharges resulting from us antitrt ACCEPTANCE is dependent upon completion of all applicable required inspection prrcedu violations cam violatioarc in fact home by the Purchaser. Theretofore, fagood cause nM we consideration for executing this Foochow order, the Seller hereby exssigur to the Fundament any and all claims it may now have or hereafter Freight Trans, Shipments most be F.O.D.. City of Fon Collins, 700 Woad St., Pon Collins, CO 80522, unless acquired under federal or stare anliteust laws for such overcharges relating to the Particular good or services otherwise specified on this order. If permission 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. Additional charges for packing will not be accepted. 13. ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.vVheremonufacmrcrs htved6iction,adexc s uspans tbedfican aPURCE Parch direcsthe gordefective to be by nonconforming or inability Parch Per I voice when expected fmm the nearest distribution point to destination, and excess freiPJtt will be JeJumW from Invoice when de recshe aSeller ellerectrafter or unwillingness comply.teon PusM1mes and rho Seller, and the Seller thereaftert xicmes its inability Or unwillingness b comply, the Pmchssa and shipment are made from grcatm distance. may came the work be performed by the most expeditious meant available b it aM the Seller stall pay all s amt ma«ftrd with men work. Permit. Seller shall procure sellers sole cost all nahanary prnnie,, comfort. and licenses required by ell nit sate, municipality, rlmcory political subdivision where applicable laws, regulations, ordinance and ales The Stiles shall release the Pe and its contmnors of any tier from all liability and claims of any nature duly public in jurisdiction over the work the work is performed, or required by any other duly orsuc resulting from the performance ofxuch work. against all liability turd loss esshorim and liability agrees m hurt rho City of part Collins harmless from o vendor. Sella Fort Coll them by reason of an asserted or established violation of any mcM1 laws, regulations, ordinances, ales incurred by ma . This release dull apply even in the event of Taub of negligence of the parry released and snarl extend to the is and regviremrnts, directors, a0icers and employees of such party. Anchonuuon. All panes to this am. agree then the representatives are, it Sol, beta fide aM possess full aM complete authority in bind said parties. LIMITATION OF TERMS. This Pmchue Older expressly limits accepanee to the cams and contractors stated Loan set forth and any supplementary or additional terms and conditions amtexed hereto or incorporated herein by reference. Any additional or different terms and conditions pm,wd by seller are objected at and hereby refaced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Wynn cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery aM performance muse be effected within the time stated an the purchase Omer and the documents attached hereto. No ace, of the Purchasers including. without limitatioa, acceptance armorial late ddi,ana. shall opemfe m a waiver of Nis provision. Incite event crony delay, the Purchassr shall have, in addition to other legal and seuiwble remedies, the option of placing this order elsewhere unit bolding the Seller liable for damages. However, the Seller shall rot be liable for damage, on a of of delays due to cams not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ace of God, is of civil or military male corns, governmental priorities, fires, strikes, fwsd, epidemics, wars or riot provided that rmOre of the comliricam causing such delay is given to the Purehmer within five (5) drys of be time when be Seller fins received knowledge thereof. In the event of my such delay, the date of delivery shall be excrmed for the peried punt to the time aztmlly Ins, by reawn ofdw delay. J. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples andrar other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar mature. The Seller agrees to bold the purchaser ham,less from any loss, damage or expense which the Purchaser may sufferer incur on account of the Seller breach of wmmnty. The Seller shall replace, repair or make good, without cost to the Penchi any defects car faults arising within one (I) year or within such longer pci of time m maybe Fortiori by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished bemunder (acceptance not to , unreasonably delayed), resulting fmm imperfect or defective work done or matenals famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Excep, u 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 gram mt but such liability shall in no event include loan ofprofits or has of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tarts, other than legal terms, including additions to or b lmlons fmm ,he ..amino originally ordered in the a s-fflcations or dmwings. by verbal or written change order. If any such change of aM the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMWATIONS. The Purchaser may at any time by eclnen change order, terminate this agreement m many or all ponions of the goods then not shipped, subject o any equitable adjustment between the parties m to any work or materials then in progress provided that the Panama shall not be liable for uny claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with ,aspect ,o any goad which are the Sellers standard stock. No such termiration shall relieve the Purchaser or the Seller army offish obligations as to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjostmmt most be maened within thirty, (30) days fmm the dare the change or introduction is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. Thu Sella shall execute and deliver such dommme, as maybe critical to effect or evidence compliance. All laws and segulaciom required to be ncorporated in agreements of this character arc hereby marpoated herein by this reference. The Seller agrees to imanindfe end hold the Purchaser hasanleta fmm all costs and damages suffered by the Purchaser as a and, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall cosign, transfer, or convey this order, or any monies due or to become due hereunder without the poor worn consent ofthe other Party. 10. TITLE. The Sella warrants full, d— and unrestricted tide to the Purchaser for all equipment, materials, and items banished in performance of this agreement free and clear of any and all liens, restrictions, incarnations, semnty interest mcumbren¢s and claims of others. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed ar aimed to her pert edby the Purchmer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamtlen the Purchaser Earn any and all claims for infringement by reason of the me of such patented design, device, material or Panetta in connection with the contract, and shut] indemnify the Purchases for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any rime during the prosaution or offer the completion of the work. In case mid equipment, or any pan thereof or the intended use Of the good, is In such suit held to consumbe infringement and the use of said equipment or Pan is enjoined, the Seller shall, at in own cxpcnsr and at in option, either procure for the Purchaser the right to continue using said empirical or pats, replace the same with substantially equal bur noninGnging equipment, or mMify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrvpt, make an a odwormat for the benefit of creditors, appoint a reveiva or m.tee for any of the Sellers papery or bminess, this amen anty forthwith be caoocled by the Prrrchxser without liability. 16. GOVERNMG LAW. The def.adorn of terms used or the intcrpretmen of the agreement and the right of all parties hereunder shall be cnnemad under and prevented by the laws office Seca of Comof USA. The following Additional Conditions apply only in cases where the Sella is b Parton work hereunder, inchuhng the services of Sellers RepowmandiveE). on the premkes fathers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same Is fully completed and accepted, and shall, to se of any accident, damortion or injury to the work andror materals before Sellers foal completion and americium. complete fie work in Sellers own expense and an the satisfaction of the Purchaser. When aralairm, and equipment we famished by others her installation or erection by the Seller, the Seller shall receive, unload, score and handle same at the site and become responsible therefor m though such materials mdtor equipment were being famished by the Sella under the order. is. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compewtion, including scup ficand disease benefit, to it employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability amounee with bwnly injury and death limits of at Iesst 5300.00s) for any one person, 55110,Wo for any cne accident and property damage limit per accident of S400,000. The Seller shall likewise requite his ontractor, if any, to provide for such compensation and insurance. Before my of the Sellers or his contrectors employers shall do any work upon the premises of others, the Sella shall famish the Practitioner with a [<rtifrcace that such compensation and insurance have ban pr ided. Such certificates shall Specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such comprnsatic. and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after the entire work is completed and compared. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass m ncc entire tespomTility and liability for any and all damage, loss or injury of any kind Or metre whomsoever to persons or property caved by or resulting from the execution ofthe wod: provided for in this purchase order or in connection herewith The Sena will indemnify and hold harmless the Purchaser and any or all of the Purchasers officer, agms aM employees fmm and against any and all claims, losses damages, charges or expenses, whether direct or indirect and whether to pe,snns at forgery to whim me purchaser may be put or subject by reason of any act, action, neglect, omission Or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or ther proceedings shall be brought against the Purchueq or its officers, agent or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contrectors or any of in or their oRcers, agent or employees as aforesaid. the Seller hereby egrets to assume the defame thereof aM to defend the sane at the Sellers own expense, of pay any and all cost, charges, onomeys fees and other expenses, any and all judgmrns Pon maybe incurred by or mamed against the Purchases or any of is or their officers, ,on. or employees is such suit or order proceedings, end in case judgment or other lien he placed upon or obtained against the property cribs Purchmer, or said probes in or as a result of such min or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrantors shall take all mfety precautions, famish and imall all guard necessary for the prevention of accidents, comply with all aws and regulators with regard as safety including. but without limitation, the Occupational Safety sad Health Act of 1970 and all wins and regulations heard pursuant thereto. Revised 07nOU4