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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214191City of F„ 6rt Collins Date: 10/15/2014 PURCHASE ORDER PO Number Page 3214191 1ef2 This number must appear on all invoices, packing sli s and labels. Vendor: 103941 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS " CIS " 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/14/2014 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 1 - adding funds 1 LOT LS 50,000.00 per requisition 48279 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.com Total $50,000.00 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. COMMERCIALDETAILS. Tax exemption. By statute the City of Tom Callum is exempt from state aM locul taro. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60no587 is registered with the Callao, of Internal Revenue, Game, Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spaffirmatur, either when shipped or due to defals of damage in transit, may be returned to you flu credit and are not to be replaced except upon receipt of won= instructions from the City of Fort Collins. Inspection. GOODS art subject to the City ofFort Collins inspection on radial. Final Acceptance. Receipt of the merchandise, services or equipmml In repome to this order can much in authorized payment on the pan of the City of eFan Collins. However, it is to be understood that FINAL ACCEPTANCE is depemkm upon completion of all v,,liable mquired inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wand St., Fan Collis, CO 80522, unless otherwise specified on this oMe,. If permission is given to prepay freight and charge sepammly, the on,mad freight bill ..at accompany hour, r, Additional charges for packing will not be accepted. Shipment Distance. Where manufacmwzx have dow buting Panama in various pans of the country, shipment as expected form the nearest mountainous paint to dertistion, and excess freight will be deducted (ram Invoice when shipmenus are made tram greater distance. Permits. Seller still pmcare at sellers sole cast all necessary permits, cenifretes and licemes required by all applicable laws, regulations, ordinances and rules of the state, municipality, factory or Political subdivision where the work is performed, or required by any offer duly combined public summary awing jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins bamless from and against all liability and loss nmmd by them by anion of an mounted or established violation of any such From, regulation, ordinances, rules and nauiremml, Authorization. All parties to this contract agree but the representatives arc, in fact, your fide end possess full and complete amhoory to bind said parties. LIMITATION OF TERMS, This Purchase Omer exp essly limits eccepmae to pre terms and condltioes sated herein set forth and any supplementary or additional army and condition answered hereto or incorporated herein by reference. Any sado onol or coherent and candiums, proposed by seller are objected to and bereby ojafd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complee shipment to arrive on yore promised delivery date as cored. Time is of the essence. Delivery aid performance most be effected within the time suited on the purchase order and the smumma attached hereto. No acts of the Purchasers including, without limitation, acceptance of pnnial late deliveries, shall operate as a waiver o'this provision. In the event of any delay, the Purchaser shall have, in addition In other legal and annelid remedies, the option of,lwing this order elxwher, and holding the Seller liable far damages. I Iowevei the Seller shall Trot be liable far damages as a mod, of delays due to causes not wasiably foreseeable which are beyond its raso.ble control sad without its fault of negligence, such sous of God, ads ofcicil or military authorities, governmental pworries, fires, stokes, flood, epidemict, wars or riot provided that notice of the conditions coming such delay is given ran the Purchase, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mamn of fife delay. 3. WARRANTY. The Seller wamna dual all goods, subtle, mammals and work covered by this order will conform with applicable drawings, specifications, sample, author other description given, will od fit for the purposes intended, and performed with be highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchases may suf n or incur on account of fife Sellers breach of wmmnty. The Seller shall replace, repair or rake good, without cost to the purchase, any deface or faults arising within one (1) year at within such longer period of time s may be, pressdbed by law or by the terms of my applicable wamnty provided by the Sella other the date of acceptance of the goods famished hereunder (acceptance not to a unuamnably delayed), resulting form imperfect or defective work done or mammals famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimm a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabiltyy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gw ramres, but such liability shall in no event include loss ofpmfius 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 tens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the inns, be, than legal terms, including addilics to or &let— form the qu olifics originally ordered in the specifications or dmwinga, by veNal or wromn change order. If any such change affects the amount it., or the time of,edormarce hereunder, an equitable adjustment shall be monde. 6. TERMINATIONS. The Purchaser may at any lime by wdnell change order, s mute this agreement as to my or all portion of the goods then not shipped, moc r to any equitable edjstmem bemeen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or comMuential damages, and that no such adjustment be made in favor of the Seller with respect to any good which an the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany aftheir obligations m to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mutt be assened within thirty (30) days from the date the change in termination is ordered. S. COMPLIANCE WITH LAN'. The Sella warrants but all goads sold heeuunde shall have been produced, sold, delivered and fiunishad m sect compliance with all applicable laws and regulations to which the goods me subject The Seller fall exame and deliver such doamrnts as may Is, required to effect or evidence compliance All Iaws and regulation required to a ncoryumted in agreements of this character are hereby incriminated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, master, or convey this order, or my monies due or to became due hereunder without the prior wrinen easel of the other party. I O. TITLE. The Seller warrants fall, clear way ttmestricted title to'he Pumchastt for all equipment materials, and item famished to pnfastranm of this agreement f and clear of any and all lies, mtrimmou .,is., security interest encumbrance and claims of orders. 11. NONWANER. Failure of the Purchaser to inin upmr strict peer ante of the lean and mnditias loc ar, failure car delay to exercise any rights an remdles provided heronor by law, failure to promptly notify the Seller in the event of a breach, the am@more ofo, payment far goadsherro nder or approval of the design, wall cut .[am the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to imist upon strict performance harmfor any of its rights or ¢medics as to any such goofs, regardless of when shipped, received or accepted, as to any prior or sulow mat default hereunder, nor shall any pu samad oral modification so rexi.ion of this Wrchme order by We Proulaw r operate as a waiver of any of the terms hereof. IZ ASSIGNMENT OF ANTITRUST' CLAIMS. Seiler and the Purchaser recognize that in armal ecis practice, overcharges resulting from antitrust violation arc in fact home by the Purehmee Theretof rse,for good crow and n cosidee tim for executing this pmhase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereaf n asommd under federal or some sumands, laws fan, such overcharges relating by the particular grads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser Directs the Seller to correct twmmrifarming or defective good by a dare o be agreed No by the Purchaser and the Seller, it the Seller theraftt indicates its military or unwillingness o comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall mlmu the Purchaser and in conumbas of any tier from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party relented and shall extend no the directors, otfmas and employers of.ach pat,. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is capital to use any design, device, material or process covered by lemq patent, trademark r copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by croon of the me of such patented design, device, aro anal or process th connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reaon ofsuch infringement at any time during the prosecution or athtt the completion of den work. In rase said e,mMenl, or any pan thamf or the intended me of the goods, is in such suit held to costlme 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, replace the more with substantially eq.I but nounfringing equipment, ar mably it as it becomes noninGtnging. 15. INSOLVENCY. If the Seller shall became insolvent or landoopd, make An assignment flu the bench, of credlm s. appoint is receiver or crime for any of the Sellers properly or bminew, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deftni,io. of fens used an the ma,mtafiann ofthe ageemem and the rights ofall parties hereunder shill be, commued under mtd governed by the laws of be Score of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Representstive(s), on thepemnises ofothers. IT. SELLERS RESPONSIBILITY. The Sella shall can, oil said work or Sellers own ask until the warm is fully completed and accepted, and shall, in u of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser, When materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, more and andle same al the arm and become responsible therefor as though such raterods amV., equipment wart being fiun¢hcd by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker, compemation, including occupational disease benefice, m its employees employed on or in comedian with the work covered by this purchase order, mthor to their dependrna in acrnmance with the laws of the suite in which the work is to be done. The Seller shall .1. cart, comprehensive g sural liability including, but not limited] to, contractual and automobile public liability insurance with ma ily injury and death limits of at least S300,00U for any one person, $500,000 far any ne accident and property damage limit per acidad of 5400,000. The Seller shall likewise require his nown. , if nay, to provide for such won,scramoonand insurs e. Before any .1 the Selleor his mntmcmrs promises; employees shall do any work upon the of others, me Sella shall furnish the Purchaser with a certificate but such compesotion and insurance have ban provided Such certificates shall specify the date when such compensation and insuramce have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and immunize shall he weinuiined until after to entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bereby assumes the entire responsibility and liability for my and all damage, loss or injury ofmy kind so .1. whatsoever li persons or primary carded by or resulting from the execution ofthe work provul for in this purchase order or in connection herewith. The Seller will indemnify and hold haanless the Purchaser and my cr all of the Purchasers officers, agents and employees from and against any and of claims, losses, damages, harges or expenses, whether direct at indirect and whether to persons or property to which the Purchasm may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In caw any suit or other prrceedirs, shall be bought.,airs' the Franchises, or its officers, agents or emplo,cs at any time on accord or by reason of any act action, neglect, omission or default of the Sella of my of his contractors ar any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay very and all costs, charges, attorneys, flu and other expenses, any and all judgments but may In incurred by or cautioned against me Purchmee or any of is ar their officers, age.% or employees in such suits or am, proceedings, and in cue judgment or other lien be placed upon or obtained against to property of to Purchaser, or said Forms in or as a mum of such suits or other pmcedivgs, the Seller will at once cause the same to be, dissolved and discharged by giving bound at otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issud pursuant therein. Revised fGn014