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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214193PO PURCHASE ORDER 321419er Page ('It�/ of PURCHASE 3214193 t of z ' `t Collins This number must appear ` ` ' 1�7 on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/24/2014 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 2 Addendum -add additional funds per requisition 48143 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 20,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt tram state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Farrar Excise Tax Exemption Certificate, of Registry 84-6000587 is registered with the Collector of Failure of me Purchaser to insist upon strict performance of the teas and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Raised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remotes provided herein in by law, failure to Family notify the Seiler in the event of a breach, me acceptance of or payment for goods hereunder or approved of fe design, shall and release the Seller of Goods Rejected. GOODS RIBECfED due to failure to men spmificationo, either when shipped or due to defers of any of fie warranties or obligations of this purchsa order and shall not be dame a wxiva of any right of me damage in uamit may be remma m you far audit sad am or to be replaced except upon receipt of wrinen purehaser no insist upon strict pert ante hereofor any of its rights ar remedies m 10 any such goods, regardless instructions frontline Ciry i Fon Collins. of when shipped, receives or accepted, or to any prior or subsequent deficit hereunder, for shall any Imported oral modification or rescission of this purchase order by the Purchaser operate in a waiver army of the team Inspection. GOODS are subject to me City of Fon Collins inspection on arrival. hexaof. Final Acceptance. Receipt of the merchandise, services or alopment in msp,se to this order can foul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pun of the City of Fan Collins. However, it is to he uaersloa that FINAL Seller and the Purchaur recognize that in actual economic practice, o embaga watching from antitrust ACCEPTANCE is dependent upon compleion of all applicable requires inspection pracedufss. violations am in firer borne by the Furchrout Then def sm far good ruse and as corssidencom for common, this pmnse order, the Seller hereby assigns to the Purchaser any and all claims it may now have or humane, Freight Terms. Shipments most be P.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges missing to the particular goods or servirea mherwise specified oa this order. If permission is given to prep y freight end charge separately, the original freight purchased or acquired by me Purchaser parmam to this purchase order. bill must accompany invoice. Additional charges for packing will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing farms in stores pans of the armory, shipment is If the Purchaser direct the Seller to correct nonconforming or defective gook by a date to be agreed upon by the expected from roe nearest duninbrifir. point to desuwtion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicants its inability or unwillingness to comply, the Pmchser shipments are made farm gmma distance, may cause the work m be informed by the mosr expnlitious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifirdes and licenses acquired by all applicable laws, regulations, on inances and rates ofthe state, municipality, territory or political subdivision where The Seller shall rates- the Purchaser and its contractors of any tier from all liability and claims of any nature ,he weak is perfmwd, or required by any other duly constituted public authority having jurisdiction over the work resulting from the parfommnce ofsuch work. of vendor. Seller I the, agrees m hold the City of Fort Collins features. from it vgaim, all liability and Ira incurred by them by xaamn of an mo nerd or esublished violation of any such laws, regulations, ordinances, rates This mlcae shall apply even in the event of fault of negligence of the pony released and shall extend m fe and requirements directors, officers and employees ofsuch party. Authorization. All panics to this contract agree that the representatives arc, in fact, homed fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein tit forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different a. and conditions proposed by seller are objected to and hereby wjected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive oa your promised delivery date m noted. Time is off- essence. Delivery and Performance must l e effected within the lime stated on tic purchase order and the documents attached hereto. No arts of fie Purchasers including, without limitation, acceptance infractor late deliveries shall opeme w a waiver of this provision. In fe event army delay, the Purchaser shall have, in addition mother legal and cquiuble remedies, fe option of placing this order elsewhere and hold,, ,he Sella liable far damages. However, the Seller shall ma br liable for damages ow a at of delays due to causes not reasonably foraaable which are beyond its memorable control and without its fault of negligence. such ass of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, dead, epidemics, wars or rats 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, fie date of delivery shall be extended for the period equal to the time actually last by mason of the delay. 3. WARRANTY. The Sella wars.. that all gand,, ankles, rmmdals and work covered by this order will cnnfomm with applicable dmwiny, speciticmians, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree or care and compdence in accordance with accepted standards for work of a 'miler nacre. Flat Seller agrees to hard the purchaser Imarl, s from any Ims, damage ar expense which the Purchmer may suffer or incur on account of the Sellers breach of weranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer par ad of time as may be, prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not W be unreasonably delayed), resulting from imperfect or defective work done or malenls famished by fie Seller. Acceptance or use of goods by the Purchaser shall not onstitum a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hemonder shall extend to all damages proximately caused by the breach army offer foregoing wart'anlia or gvaamas, but such liability shall in no event include loss ofpmfis or loss 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 terns by tralrzen change under. 5. CHANGES IN COMMERCIAL TERMS. The Embracer may make any changes to date moms, other fan legal terms, including additions to or deletion, from the quantities originally ordered in fie specifications m drawings, by verbal or written change oNer. If any such change affecu the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATTONS. The Pumbaxar may at any time by written change order, terminate this agreement as to any or all prations of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided then den Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damaga, and that no such adjustment be made in favor of the Seller with respect to my goods which are me Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any aftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any elni , for adjuarical omit be asserted within thirty (30) days from the date the change or mnninatioo is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold herande, shall have ban produced, sold, delivered and famished in strict 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 m evidence compliance. All laws and regulations required to be incorporated in agacments of this character a, hereby incorporated herein by fiat reference. The Sella agrees 10 indemnify and hold the Function. hammleas from all costs and damages safe red by fc Purchaser m a result of thr Sellers failure to comply with such law. 9. ASSIGNMENr. Neither perry shall assign, tmmf , or ca mcy ark coder, or any monies due or to become due hereunder without fie prior wrinen consent of the *met party. 10. TITLE. The Seller wamns full, clear and un cestricted title to the Pura oxim for all equipment materials, nand items f rcuslad in performance of this agreement free and clear of any and all liens, wsmctions, mscrya ations, suriry interest encumbranceand claims ofothers. The Seller's conbanml obligations, including warranty, shall not be deemed to he reduced, in any way, became such work is antiiipaed or caused to be performed by the Purchaser. 14. PATENTS. Whenever fie Sella is rtquiwd m use any design, device, maeial or process covered by term. pmenn. bndemark r copyright the Sella shall indemnify and save harmless the Purchases farm any and all claims for infringement by token of the use of such patented design, device material or process in coene.ion wins fie contract and shall indemnify me Purchre r for any cost expense or damage which it may he obliged to pay by reason of such infringement at any dine dung me prasccution or after the completion of me work. In cork, said equipment, or any pan thereof Or me intended use of the goods, is In such colt held 10 crossnimu infringement and the use of said ryair., or pan is enjoined, me Seller shall, at its own expense and m its option, ether procure fir fie Purchaser the right to continue using said equipment or pas, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes nonimfdnglog. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the broil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of lc.i used .1 he interpretation of the agreement and the rights of all panics hereunder shall be u.soued under and governed by the laws fthe Sate of Colorado, USA, The following Additional Conditions apply only in where the Seller is inperform work hereunder, including the services of Sellers Represenuti,eud, oa me pwmir. credit, IT SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Sell&, own risk .,it the same is fully completes and accepted, and shall, in ace of any student distinction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to me satisfaction of fe Purehri When materials and equipment are Statistical by others for installation or exaction by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such mshmar k motor equipment were being rum riled by me Seller unda fie order. 18. INSURANCE. The Seller shall, at his own expenu, Provide for Om payment of workers compeammus, including occupational disease benefits, to its employees employed on ear in connection with Uc work covered by for purchase order, mailer to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, continental and automobile public inability insurance with bodily injury and death limits of at least S3oo.W0 for any one person, S500,000 for any one accident and property damage limit par accident of 5400,000. The Seller shall likewise require his variation, if any, to provide for such ampenarmon and insurance. Before any of du Sellers or his contractors employees shall n any work upon the premother, Factories of othethe Seller shall famish me Purchaser with a modicum that such compensation and insurance have been provided Such certificates shall specify me date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for any and all damage, loss or injury of any kind at nature whakaeve, to persons or property caused by or retailing from the execution ofthe work provided for is this purchase role, or in connection herewith, The Seller will indemnify and hold hamdess the Purchaser and any r all or the Purchasers othcam, agents and employees from and against any and all claims, losses, damages, charges or experea, whether duce, or impact,, 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 fie pan of fe Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or ,heir oRmrs, .,eras or employers as aforesaid, the Seller hereby agrees 1p aisume fie defense thereof and to defend me same at me Sellers own expense, to pay any and all costs, charges, avomeys fees and ofer expenses, sty and all judgmens Oar may be incurred by or obtained against the Paahaser or any of is or thew officers, agents or employers in such suits or other proceedings, as in case judgment or after rim he placed upon or obtained apace, fie property of me Purehas., or said Isaties in or as a result ofsuch suits or ofer proceedings, the Sella will or one, arise the same to b, dikaolra and diuhatea by giving bond o, oferw ieci The Sena and his con[mrmrs shall coke all safety pr.autiom, famish and install all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including. but witout limitation, fie Occuptional Safety and Halm Act of 1970 and all rules and regulations issued pursuant thereto. Revised OTQ014