HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9143152 (2)PO
PURCHASE ORDER 914315er Page
('It�/ of PURCHASE
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Flirt ( olli ns This I i mber mu ackingar
!•\V`I ` V 1 1�7 on all invoices, packing
sli s and labels.
Date: 10/10/2014
Vendor: 103941 Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS
" cis.. ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 06/06/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 aDDENDUM TO PO
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 _ EA
2,862.87
Total
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
L COMMERCIALDETAILS.
Tax exemptions. By smmre the City of Fort Collins is exempt from sate ad local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Fede.l Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of
Failure of the Purchaoer to insist upon strict performance of the terms and conditions hereof, failure or delay to
Inamed Revenue, Denver, Colorado Disk Colorado Revised Statutes 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 accepdnee of or payment for good hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall vim be deemed is waiver of any right of the
damage in transit, may be returned m you for coed, and are not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereof or any of its rights or remedies as as any such good, regardless
indications from the City of Fort Collins.
of what shipped, received or accepted, no m any prior car subsequent default hereunder, nor shall any puryoted
and modification or rescission of this purchase order by the Parachutist operate as a waiver of any of the terms
hopavion. GOODS are subject o the City of Fred Collins inspection on arrival.
hereof.
Fiml Acceptance. Receipt of the merchandise, services or equipment in response on this order ran read, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autlmrixed payment an the Pan of the City of Fart Collins. However, it is to be understood that FINAL
Seller and the Purchaser recogniss that in =real economic practice, mcrehmgcs resulting from natitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures,
violations are in fact home by the Purchases. TheremfomnRigood cruse and as consideration for executing this
purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tema. Shipments must be F.O.B., City of Food Collins, 900 Wool St. Fort Collins, CO 80522, unless
acquired under fakml or state wdimmf lax. fen such m'ercharges Mining 1. the Particular goods or services
otherwise specified on this oNer. If permission is given ao prepay freight and charge separately, the original freight
purchased or acquired by the Pardoner pursmrruo this purchase order.
bill most scournme v invoice. Additional charges for backing will nut be accepted.
Shipment Distance. Where manufacturers have distributing points in various pare of the, country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dsmoo,
Permits, Seller shall pmc.re at tillers sale cost all necessary permits, cetificates and licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, recount, or political subdivision where
the work is performed, or requir d by any other duly mmtimred public authority having jurisdiction over the work
of version. Seller further agrees as hold the City of Fort Collins harmless from and against all liability and loss
impareal by than by reason of an asserted or established violation of any such laws, egulaions, ordinances, rules
and requirements.
Authorisation. All panics to this contract agree that the representatives are, in fact, bare fide and pasuss full and
complete authority an bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accrtanre to the tern and mnditipns stated
herein sa Roth and any supplemrndry or additional terms and conditions annexrd herein or iworyomled herein by
reference. Any additional or different terms and amounts proposed by seller are objected to and hereby rejecter.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedlmely if,sm avian., make complete shipment to eMve on your
promised delivery data as noted Time is of llle essence. Delivery and perf rmans, past be eo'ecmd within the time
stated on the purchase order and the documents attached hereto. No was of the Purchuers including, without
limiation. a mm—m of partial Ire deliveries, shall marine as a waiver of this provision. In the avert of any delay,
the Paribas, shall have, is addition Id oNer legal and attainable.cmMies, the action of placing this order elsewhere
and holding the Seller liable far damages. However the Seller shall not be liable for damages as is result of delays
due to rnoses not reassembly foreseeable which are beyond its reasonable apparel and without is fault ofrledigence,
such was of God, acts of civil or military authorities, gavcmmental priorities, fires, spikes, Bowl, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fins received Intwwledge thereof. In the sent of any such delay, the data of delivery shall be
extended for the perioa wind to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, wicks, materials and work covered by this order will conf ss'ith applicable
drawings, specifications, samples prober other desorption, given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar aware. The Seller agree an hold the purchaser bamless from any loss, damage or expense which the
Ptnchaur, may sorter or incur an acmmt of do Sellers breach of.,y. The Sella shall replace, repair or make
good without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the reins of any applicable warranty provided by the Seiler alter the dine of
acm,dome of she good banished hereunder (acceptance vim to be umeasorably delayed), resulting from papal
or defective work done or materials famished by the Seller Acceptance or use of good by the Purchaser shall not
Doti lute a waiver of any claim under his warranty. Except 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 familiar, wamemies
or commuters, but such liability shall in no event include loss ofpmfits 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 to legal rams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make tiny changes ro Ne temp. other nun legal tams, including uAdilians 1a m delenioo, from
the quwantes originally ordered in the specifications or drawinp, by verbal or written change order. If any such
change offers the amount due or the time ofpermarmance hereunder, an equitable tabus ment shall be track.
6. TERMINATIONS.
Tau Purchaser may .1 any time by wrinen change order, terminals this agreement as to any or all pations of the
goads then not shipped, subject th any egddble adjustment between the parties as to any work m mmma6 den in
progress provided that the Pumhuer shall tut be liable for any claims for anticipated profits on the uncompleted
portion of the goods anka, work, for incidental or comequeulial damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such lampoons shall relieve
the Purchaser or the Seller of any of their obligations as a any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be rimed within thirty (30) days from the dale the change or irradiation is
ordered.
R. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall hope been produced, said, delivered and furnished in strict
compliantt with all applicable laws and regulations to which the goods are subject The Sella shall execute and
deliver such documents as may be acquired to effect or evidence compliance. All laws and regulations rryuired to be
incorporated in agreements of Ws character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and Iwld the Pmchaur modest from all casts and damages suffered by the forebear of a mull ofthe
Sell. failure to comply did such law.
9. ASSIGNMENT.
Neither parry shall assign, confer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
PLTITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished
in performance of this agreement free and clear of my and all tiers, restrictions, reservations, security power
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonapnfamling or ckfibe ive goad by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply, the Purchaser
may cause the work to be Performed by the most expeditious memos available to it, and the Sella shall pay all
costs aasacuped with such work.
The Seller shall release the Purchssa and its contractors of any tier from all liability and claims of any nature
resulting Imm the permanence of such work.
This release shall apply den in the event of fault of negligence of the parry Messed and shall extend to the
directors, office,, and employees fsuch party.
The Sellers communist obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perlbrmed or caused 10 be performed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required in use any design, device, ..,ads] or process covered by letter, patent, 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 patenwed design, device, .maul or Isrlaress in connation with the ma.', mad
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such
infringement al any lime during the prosecution or alter the completion of the work. In case said equipment, or
any pan thereof or the intended up, of de goad, is in such suit had so constitute infringement sad the use of
said equipment or pan is marked, the Seller shall, at its bun expense and it its option, either Is. for the
Purchaser the right to continue using said uncommon on or pans, replace the same with substantially equal but
noninfinging equipment, or modify it sin it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became madlent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this under may forthwithbe canceled by the
hssa wi
thout liability.
16. GOVERNING LAW.
The definition of to. used or the transpiration ofthe placement and the rights of all parties hereuMcr stall be
conhu si under and gamed by the laws ofthe Slate of Coloado, USA.
The following Additional Coalitions apply only in cues where the Seller is to Perform work hereunder,
including the services ofSellm Represmative(OL on the premues of others.
19. SELLERS RESPONSIBILITY.
The Seller shall cart, an said work in Sellers own risk soul the same is fully completed aM accepted, and shall,
in apse of any accident, dedicator, ce injury to the work maker mmaials before Sellers final completion and
ccepmnce, complete the work a1 Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for inwllation or erection by the Sella, the Seller shall receive, unload
stole and handle same at the site anal become responsible therefor as trough such mmenald andbor equipment
were being famished by the Seller under the order.
18. INSURANCE..
The Sella shall, at his own expense, provide far the payment of work. comlawspion, including uccampir al
disease benefits, to its employees employed oa or in connection with the work covered by this purchase order,
and/or to their dependents in .....dance with the laws of the slate in which the work is to be done. The Sella
,ball also may, wmpmbemive toward liability iname.g, to, oar limited no, commercial and automobile public
liability insurance with bodily injury and death limits craft lest S300,000 for any one person, S500,000 for any
one accident and properly damage limit per accident of $400,", The Seller shall likewise require his
comments, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the prom ses of others, the Seiler shall famish the Pturchemer with a modicum
that such compensation and insurance have been provided. Such ew-ifcales shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the data when such compensation
and insurance expires. The Sella agrees Wt such compmsaaion and insurance shall be aniadined until arts the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby... the entire responsibility and liability for any and all damage, loss m injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided fur in
this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Purchaser and any
r all of the PdrcM1uers officers, agents and employees from and against any sad all claims, losses, damages,
charges or expenses, whether direct or indirect, 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 the pan of the Sella, any of his
contractors, or any of the Sellers or contractors arc., agents or employees. In case my suit on other
proceedmp shall be brought against the Purchaser, or its officers, agents or employees an my time on roman, or
by mospon of any act, action, neglea, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or cmployas as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sclle. awn experme, to Pay any and all mots, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their othcer,
agents or employees in such suits or other proceedings, and in case judgment or order lien be placed upon or
obtained again, the property of the Purchaser, or said parties in or as is result afsuch suits or other proceedings,
the Seller will at once anti the same in be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all stay precautions, furnish and in.11 all guards necessary for the prevention of
accidents, comply with all laws ford regulations with regard to safely including, but without limitation, the
Occupational Safety and Heahh Act of 1970 and all tales and regulation issued Panama thereto.
Revised 07n0l4