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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214328 (2)PO PURCHASE ORDER 321432er Page C117f of PURCHASE 3214328 ' of z Flirt CollinsChis number must appear ,�—J`-' "' t on all invoices, packing sli s and labels. Date: 10/23/2014 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 3 ADDENDUM TO PO 1 LOT LS 10,000.00 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 Total $10,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By smite the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance atria terms and conditions horror, failure or delay in lummal Revenue, Denver, Colorado GGE Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exeraim any rights or remedies provided heroin or by law, failure fo promptly notify the Seller in the event of a breach the acceptance ofor payment Far goods heevnda or approval ofthe design, shall not relewe the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchae order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and ore not to he replaced except upon receipt of written Purchaser to insist upon strict Performance hermfor any of its rights or remedies as many such goods, regardless instruction, from the City of Fan Collins. of when shipped, received or associated, us to any prior or subsequent default heretuda, nor shall any purported mad modification or rescission of this farmhouse color by the Parchsser operate as a waiver of any of the arms Imitation GOODS are subjecuo the Ciry of Fon Collin impaction on arrival. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response W this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anf stained payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL Seller and the Pmchasa recognise that in actual economic practice, overcharges resulting fmm antimsst ACCEPTANCE is dependent upon completion of all applicable required inspxtion procedures. violation are in fact home by the Pmchwer. TheretoforeforStuartcause and as considemtim for executing this purchase order, the Seller hereby msigns to the Purchase any and all claims it may now have or hereafter Freight Terns. Shipments must he F.O D., City of ran Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state cubist laws for such overcharges relating m 'he particular goods or services otherwise specified on this ureter.Ifpeemisslon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuentto this purchase order. bill must wearmanv invoice. Additional chances for molar. will not be secreted. Shipment Distance. Where manufacturers have distributing Points in ry, various pans of the countshipment is expected from the nearest distribution paint an dotivlion, and excess freght will he deduced From Invoice when shipments am made fmm grater distance. Pmnit, Seller shall p.am at sellers sole oner all necessary permits, certifni and Incentives raryirM by all applicable laws, regulations, ordinances and roles of the stare, municipality, femimry or political subdivision where the work is performed, or acquired by any other duly cowtituled public authority having jurisdiction over the work of vendor. Seller Powder agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an awned or established violation of any such laws, regulations, ordinances, mles and requlrawnm. Authorizmim. All paria to this summer agree dal the mpoesentatives are. in fact, Was fide and possess full and omplem aummriry to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits accmpmnre to the team and conditions slated herein set forth and any supplementary or additional mrrm and conditions annexed hereto or incorporated herein by reference. Any width ... I or different means and conditions pmpased by seller art objected or and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complem shipment move on your promised delivery date as noted Time is of the essence. Delivery and performance must be awned within the time ,rated on the purchase order and the documents attached hereto. No acts of the Pumbaw, including, without limitation, acceptance of partial late delivenes, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to ocher legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foraemble which are bevand its reasonable control and without its fault of negligence, such arm of God, acts ofcivil or military authannes, governmental pronties, fires, strikes, flood, epidemies, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within foe (5) days of the time when the Sella first received knowledge thereat. In the event of any such delay, the date of delivery shall be extended for the period and to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all giants, articles, materials and work covered by this order will confomt with applicable drawings, specifications, samples andor other descriptions given, will be fit for lbe purposes intended, and performed with the highest degree of care and companies, in accordance with reversed standards for work of a similar nmare. The Seller agrees to hold the pushover harmless from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty, The Sella shall replace, repair or make good, without cost m the purehasem any defects or faults mixing within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (accepawe net to be unreasonably delayed), resulting f imperfect or defective work done or materials furnished by the Sella. Acceptance or sea of goads by the Purchaser shall not connate a waiver of any claim under this wamanfy. Except as otherwise provided in this pwkmw major, the Sellers liability hommula shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event indmde loss of profile 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 moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the tents, oMa than legal meats, including additions to or deletions from Me quantities originally ardered in the spexifiations or drawings, by verbal or notion change order. If any such change affects the amount due or the time ofpato mance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, mmtinum this agreement as m any or all famious of the goods then not shipped, subject to any equitable adjustment between the parties to to any work it materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the goods output work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with eapool as any goods which we the Sellers standard stock. No such momentum shill relieve the Purchaser or the Sella of any ofihci, obligations as to any goods delivered bcmunsa. T CLAIMS FOR ADJUSTMENT. Any claim for adjwtmem mot be asserted within thing (Jo) days farm the date the change or mommfion is ordered. 8. COMPLIANCE WITH LAW, The Sella wirrow, that all Rands sold hereunder shall have been predwas sold, delivered and famished in inner, compliance with all applicable laws and regulations to which the goods are subject. The Seller skill execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaer harmless form all costs awl damages suffered by the Parchment as a real, of the Sellers failure to comply with such law. 9. ASSIGNTIENI'. Neither parry shall assign, baiter, or matey this order, or tiny monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title W the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, coniaimn, reservations, security interest encumbrances and claims ofwhas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direns the Seller to correct nonconforming or defective goods by a date m be agreed upon by the Puchaer and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaer may cause the .,it ro be performed by the non cepediums, mean available to it, and the Seller shall pay all owns associated with such work. The Seller shall release the Purchaser and its ccontractors of any for from all liability and claims of any nature resulting fmm the performance of such work. flux gleam shall apply even in the event of fault of negligence of the party released and shall extend to the der atere. offices and employees of such party. The Sellers contactual obligations, including warranty, shall not Joe dremed to be reduced, in any way, because such work is performed or caused to he performed by the Friction. 14, PATENTS. Wlawo,a the Seller is required to use any design, desire, mandal or process covered by Inter, patent, trademark or copyright, the Seller shall indemnify and saw harmless the Purchaer 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 minority the Puvinea for any cost. expense or damage which d may be obliged to pay by reauta of such infringement at any time during the Prosmmion or after the completion of the work. In case said equipment, or any part thereof or be intended use of the goods, is in such suit ]add to constimfe infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and m its option, either pmeme for the Dominican the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent of battkrupL make an assignment for the benefir of credim s, uppoim a receiver or income for any of the Sellers property w business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNMG LAW. The definitions ofnerms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the Laws ofthe Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsemativers), on the premises aromas. 19. SELLERS RESPONSIBILITY. The Sella shall can, m said work at Sences own risk until the same is fully completed and accepted, and shall, in re of any incident, destruction or injury to the work anYor materum before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Producer. When materials and equipment are fumished by others for installation or erection by the Sella, the Seller shall meeivq unlord, store and handle sumo of the site and become responsible therefor as though such mraaid, anmor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in cormation with the work coveral by this purchase order, ardor to their dependerm in acmolance with the laws of the suite in which the work is to be done. The Seller shall also cart,, comprehensive general liability including bra col limited us commercial and automobile public liability iwumnce with bodily injury and death limits of at lest S300.000 fro any one Person, S503.000 for any one accident and property damage limit Per accident of 5400,0110. The Sena shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his comments employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a camifam that such compensation and insurance have been provided. Such certificates shall specify the date when such omp insurance and insurance hie been provided. Such eenifmtw d insurance she dote when such enmpewalihe and a work is expire. The Seller agree Nat such compensation and insurance shall be mainmineJ until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby examines the entire respowibility and liability fro any and all damage, loss or injury of any kind or nature wlin tsava to person or pmpmy caused by or reaching fmm the execution of the work provided for in this puretuu order or in connection knowith. The Seller will indemnify and hold harmless the Purchases and any or all of the Parchasets officers, agents and employees frown end against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Powderer may be put or subject by reason of any al, aclow. neglect, omiscian or default oa the pan of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employees. In cam any suit or other pmeeedings shall be brought against the Purchase,, or its officers, agents or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same as the Sellers own apeme, to pay any and ail cosh, charges, ermmrys fees and other expenses, any and all judgments thus may be incurred by or obtained against the Purchaser or any of its or May .Ricers, agents or employees in such suits or other pr ccau irip, and in rase judgment or other lien be placed upon or ranked optimal the property ofhc Purchaser, or said patties in or as a result of such suits m other proceedings, Me Sella will an once cause the same to be dissolved and diwhou si by giving bond or mhaviss. The Seller and his contractors shall take all sway precamiow, f ish and instill all gmrd necessary for the 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 rules and regulations issued pursuant thereto. Revised 07/2014