HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214328PO
PURCHASE ORDER 321432er Page
City of PURCHASE
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Flirt Collins( his number must appear
/�„!-\V`I ` V " �7 on all invoices, packing
�slips and labels.
Date: 09/26/2014
Vendor: 103941 Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS
" CIS "" 625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/15/2014 Buyer:
JOHN STEPHEN
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 PO 1 LOT LS
5,000.00
tvi
lil P14
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
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 Pon Collim is exempt film state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 6 registered with the Collector of
Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sodium 1973, Clatter 39-26. 114 (a).
exercise any rights or famNies provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance Of., payment for gando hereunder or approval ofthe design, shall port relerie the Seller rf
Goods Rejecrd, GOODS REJECTED due m failure to meet specifications, either when shipped or due to defect of
MY of the warranties or obligations of this purchase order and shall not be daand a waiver of my right of the
damage in board, maybe narrowed to You for credit and art not Or be replaced except upon receipt of wrinen
Purchaser to insist upon strict performance beleofor any of its rights or remedies m to any such goods, regardless
instructions fmm be City of Fort Cultist.
of when slftippN, received at accepted, or to any prior or subsequent default hereunder, nor shall any Polaroid
oral modi frolic. or rescission of this purchase order by the Purchsser operate as is waiver Of my of the itt.
lospmtion. GOODS are subject to the City of Fort Collins inspection on appal.
hereof.
Final Acceptance Receipt of the meahandise, services or equip and in mo,s rose to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
atnhoriaed payment m the pas of the City of Fair Collins. However, it is b be understood Oat FINAL
Seller and the Purchaser recogox that in medal aoromic practice, overchmges resoling from antitrust
ACCEPTANCE is dependent upon completion ofall applicable noticed inspection procedures.
violations are in fact home by the Purchaser. Therau fore, for good cause and m considandon for executing this
purchase order, the Seller hereby assigns to the Pumhriat my and all claims it may now has, or hereafter
Freight farms. Shipments most be F.O.D., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless
acquired under federal or sure aatimusr laws for such o,mhargo catalog to the particular goods or .mice
otherwise specified oa this order. If permission is give 10 prepay freight Md charge supremely, the original freight
purchased or acquired by the Proletariat pursuit to this purchase order.
bill most accompany invoice. Additional charges for picking `+ill not be accepted.
13. PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Where manufacturers have dialbutinco Pointsinvanatt pans be
aPURCHASERSPurchaserds by to be agreed on byPurrh be
coned nonconforming or defmty
bee.
de d farm I ..ice ban
from point ,o desrinatioq and excess freight will be deJvned farm Imoicc when
from the nearest
Purchr m and heirects,, it term
oro wdlip re. e mhrier
Purchaser and the Seller, and the Seller hereafter indicates it ire,. or anble'agness to comply,
shipment
ream, distance.
shipment ore male from great.. Jisunce.
shot[
t[
may cause the work rts be performed by the most apeditious means mailable m it, ad be Seller shall pay all
cost associated with such work.
Permit. Seller shall p,.am at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles Of the state, municipalily, iemery or political subdivision where
the work is performed, Or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of ... .... clad or esublislad violation of any such laws, regulations, ordinances, roles
and requirement.
Authorization. All ponies to this umosel to, that the representatives are, in fact, bona fide and possess full and
..plate authority 1. bind said panim.
LIMI'FAT]0N OF TERMS. This Purchase Order expressly limits acceptance 1. the temt and condition, sated
herein set forth and any supplementary or additional foss and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and randilions proposed by seller are objected 10 and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on year
promised delivery dale as noted. lime is of the mature. Delivery and performance most be effected within life time
stated on the purchase order and the document attached hereto. No act of the Purchasers including, without
linualion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies, be option ofplacing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not memorably foreseeable which an beyond it reasonable control and without its fault ofnegligence,
such act ofGW, act of civil err military authorities, 6m,mmental pdorrim. fires, nrJes, Rood, epidemics, wars or
not provided the police of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of My such delay, the date of delivery shall be
camodd for the period equal to the time wholly lost by reason of the delay.
3. WARRANTY.
The Seller warrant Dal ell grads, articles, mmemils road work covered by Nis order will coaforn with applicable
drawings, specifications, samples and/or other description given, will be fit for the puryozcs inMaded, and
perfodd with the highest degree of case arad exam amerce in accordance with accepted standards for work of a
similar nture. The Seller agues m hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost or the purchaser, my defect or fault arising within one (1) year m walms such longer period of
time m may be prescribed by taw or by Be temp of my applicable warranty provided by the Seller after de date of
acceptance of the goods famished himundat pum ptmce not to be ummmfably delayed), resulting fmm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nut
onlimte a waiver ofany claim under this warranty. Except n otherwise provided in this purchow order, the Sellers
liability hereunder wall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability Sall in no event include loss of profits or loss ofne. 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 wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the forms, other than legal more, including additions to or deletions from
elm quantifies originally ordered in the specifications Or drawings, by verbal or wren change order. If any such
change ffects,he amount due or the time of Forfonnance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change aide,, ha rimm this agreement we 10 very or all portions of the
,nods then not shipped, submit to any equitable adjustment between the parties as to any work or materials then in
progress provided tat the Purchaser shall not be liable far any claims for anticipated profits on the uncompleted
portion athe goods .nd/or work, for incidenml or commusential damages, and that no such adjustment be made in
favor of the Seller with respect many goods which arc the Sellers sundard stock. No such mdinnum. shall relieve
the Purchaser or the Seiler ofany of their obligations at to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the dam the range or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrant that all goods sold hereunder shall have been produced, sold delivered and fiunishof in strict
compliance with all applicable laws and oc ulatiom to which the goods are subject- The Seller shall execute and
deliver such document n may be required to effect or evidence compliance. All laws and regulation requited to be
ncoryomred in agreement of Nis character are herby incorporated herein by this reference. The Seller apes 1a
indemnify atW hold the Purchaser harmless from all cast and damages suf red by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry, shall assign, dnfer, or at, this order, err any monies due or to become doe hereunder w band. the
prior wren cement ofthc offer pity.
10. TITLE.
The Sella warrants full, clear and uncestrictd title to the Purchaser for all equipment, materals, sued items f gnishd
in perfomane of his agreement, free and clear of any and all hires, mommion, onspontiom, secunry interest
mcuMpMwcx and claims of others.
The Seller shall release the Purchmer and its contractors of any liar Gem all liability and claims of any nature
resulting front the Performance of such work.
This release shall apply even in the event of fault of negligence of the parry released wit shall extend to the
disecers, officers and employees cf such pan,.
Ile Sellers contractual obligations, including warranty, shall net be deemed to be reduced, in any way, because
such work is performed err caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required m use any design, device, national or process created by lene5 Friend, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any aria, expense or damage which it may be obliged to pay by reason of such
infringement at any It... during the prosecution or after the completion of be work. In case said equipment, or
any port thereof or the intended use of the goads, is in such suit held to consulate infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense, and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replan the same with substanlially equal but
nrninGtngin, equipment, or modify it w it becomes noninfringing.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an command for be benefit of tredimrs, appoint a
receiver or pouf for any of the Sellers pmpesty or business, this Other may forthwith be canceled by be
Purchaser without liability.
16. GOVERNING LAW.
The definition ofterms most or the interpretation ofNe ugreemend and Ne right ofall ponies hereunder shall be
crowded under and governed by the laws ofNe State of Colorado, USA.
The following Additional Conditions apply only in caces where be Seller 6 to perform work hereunder,
Including the services of Sellers Reprmsenutivm(f), oa the Promises of afters.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same 6 fully completed and accepted, and shall,
in se of My accident, destruction or injury to the work and/or promm, before Sellers final completion and
acceptance, complete the work at Sellers own expense arad to Roe satisfaction of be Purchaser. When materials
and equfpmeat art famished by others for installation or erasion by the Seller, the Seller shall receive, united,
stare and handle same at the file and became responsible therefor, not though such matenal, and'or mpip rrom
wen being furnished by the Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compassation, including occupational
disease benefits, m it employees employed on or in connection with the work covered by this purchase order,
and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller
shall also may comprehensive gemod liability including, but not limited to, contractual and automobile public
liability insurmtce with bodily injury and death limits of at )cast S3W,000 for saw one person, S5prrOOO for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise inquire his
o inscmrs, if any. to Provide for such compensation and inmma ce. Before any of the Sellers or his cmmmmonu
employees hall it,, any work upon the promises of orhats, the Seller shall Rarach the Purchaser with a certificate
,hot such ourpensatimf send toon n,a have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the data when such compensation
and in expires. Ile Seller agrees Nat such compensation and insurance shall be mainuind until oiler the
entire work Is completed and part
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumea the entire responsibility and liability fro any and all damage, loss or injury Of any kind
or nature whatsoever to Persons or property caused by or mordt ng from the execution ofthe work provided for in
this pumas, order or in connection herewith. The Seller will indemnify and hold boundless the Purchaser and any
cr all of the Purchasers officers, agent and employees fmm and again. my and all claims, losses, damages,
harges or expenses, whether dinar or iMirect, and whether to yersam or property to which the Purchaser may
be put or subject by reams of my act, action, neglect, omission or default on the pan of be Seller, my of his
cantmdon, or my of the Sellers or compactors officers, agent or employees. In case My suit or other
proceedingy shall be brought against the Eastman, or its officers, agent or employees many time can account or
by crown of my act, action, neglect, omission or default of the Seller of any of his contractors or any of it or
them officers, agent m employees Or aforesaid, the Seller hereby agrees to assume die defense thereof arW to
defend the same at the Sellers own expense, to pay any and all cost, charges, auool fees and other expenses,
any and all judgment that maybe incurred by or obtained against the Purchaser or My of it in their officers,
agent or employees in such suit or other proceedings, and in eau jdgmenl or other lam be placed upon or
Obtained again, the property of the Purchaser, Or said partsm in or as is result of such wits or abler proceedings,
the Seller will at once came the came to be dissolved and diva"al by going bond Or otherwise. The Seller and
his contractors shall take all safety precaution, Turmoil and instill all guarts necessary for the pres,ntion of
accident, comply with all laws and regulations with regard to safety including, but without limiution, the
Occupational Safety arad Health Act of 1970 and all roles and regulations issued pursuit thereto.
Revised (Undid