HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9146843Fort Collins
PURCHASE ORDER
Date: 1112112014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS'"
PO Number Page
9146843 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/21/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
ELECTRIC SERVICES 1 LOT LS 13,340.95
E2 11950
Total $13.340.95
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 Tents and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stamen the City of Fort Collins is exempt fmm ware and hand tours. Our Examinant Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Caffica a of Registry 84-6000587 is 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 Scooters 1973, Chapter 39-26, 114 (a).
axemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of
Goods R jectd. GOODS REJECTED due to failure in meet specifications, either when shipped or due to def is of
any of be warm 6e, or obli,lioa of this purchase order end shall ant be deemed a waiver of my right of the
damage is hermit, may to rermd to you for credit ad art Out to be replaced except upon receipt of ormen
purchaser m insist upon said pert herrefor my of its rights or remedies as to my such goods. regm Mess
instructions from the City of Fon Collis.
of when shipped, received or accepted, as to any prior Or subsequent default hereanda. nor shall sty purported
oral modification or rescission of ibis purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject o the City of Tom Collis inspection on Ora 1.
hereof.
Fowl Acceptance. Receipt of the merchandise, services Or mquipmmt in taponse to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
malmhssd payment oa the part of the City of Fan Collins. Howeva, it is to be back rstood that FINAL
Seller and the Purchaser recognize that in awl award, practice, overcharges resulting fmm moon,
ACCEPTANCE is dependent upon completion of al l applicable nnuired inspection procedures.
retofore, eretofore, for good cause and as consideration for executing this
violations are in fact home by the PumhreThe
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most b, F.O.D., City of Fan Collins, IN Wood Sr, ran Collins, CO 80522. unless
acquired under federal or sate mOhust laws for such overcharges relating to the Particular good or sersica
otherwise specified on this order. Upeanissin to given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not No accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
sin various of the train
ShipmentDistance,Where manufacturers h1.
to bemal onby the
Pmchnereirects thedMSeller mc.rednfter lability
sreight dusted Invoice when
danbibuting and excess
expected from the nearest distribution point to Jessimoion, and excess freight will be deducted from Invoice when
oruodsbyadass
haser
indicates ins inability or unwillingness to comply, the Purchaser
Purchaser and the indicates its ply,Me
and the Sellerthereafterthe
shipments ere made from greater distance.
may nose the work m be performed by the most expeditious meats available so it, ertd the Seller shall pay all
maycause, work to most
rasa associated with such work.
Permits Seller shall procure sellers sole cost all necessary Permits, c, ntorry and licrnus all
l division w
applicable laws, red and ales of the state, municipality, territory or political subdivision where
The Seller shall release the Purchaser its conmchirs of any tier from all liability and claims of any nature
want, or re aired by a over the work
the work is performed, m require) by any other duly mmtimleJ public authority
ainst
w-ito
resulting from the performance ofsuch work.
andhavrin,
ll [a
of vendor. Seller fuller ages to hole rho City Fort Collis Formica fmm and against all liability and loss
li
.cured by Nam by reason of fin msmed or established violation army such lass, regulations, oNimnca, rules
This release shall apply an in dw sent of fault of negligence of of the party related and shall extend m the
m and requireents.
directors. aRcers and employers ofsuch pony.
Authorization. All pasties to this contact agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Puahse Order expressly limits amonovice to the moms and conditions stated
herein set fonM1 and any supplementary or additional moms and condition, Hoaxed hereto or incorporated herein by
reference. Any additional or different tens and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdibely if you consul make comride shipment to mdve on your
promised delivery date as noted. Time is of the rssrnce. Delivery and performance must be cflated within the time
stated on the purchase order and the documents attached hereto. No area of the Puchrom including, without
limitation, aceptance of partial late deliveries, shut[ operate as a waiver of this provision. In the event army delay,
MO Purchtuer shall have, in addition to other legal and equitable readies the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not to liable for damages as a resins of delays
due m causes not reawnably foresecable which are beyond its rawamble control and without its fault of negligence,
such acts fGM, is of civil or military authorities, govemmenml priorities, Gres strikes Rood, epidemics, wars or
data provided that ounce 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, the date of delivery shall be
extended for she peril equal to the time warmly lost by reason ofthe delay.
3. WARRANTY.
The Seller warrens that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other desbmiums given, will to fit for the purposes intended and
performed with the highest degree of care and competence in mcmdance with accepted ram ands for work of is
similar whore. The Seller agpca to hold she purchaser harenlas fmm my loss, damage or expense which fie
Pumhser may suffer fir am- oa mc.uen of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or fault, arising within one (1) year or within such longer period of
nose as may be prescribed by law or by the teams of any applicable warranty provided by the Seller main, date Of
acceptors of the good futnisla d hereunder (nceptnnce not to No urucawmbly delayed), reultng fivm imperf t
or delective work done or reaeeals famished by the Seller. Acceptance or use of good by the Purchaser shall mot
constitute a waiver of my claim under this warmnry. Except sw otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PIR ROSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes ro the terms, other than legal arms, including addnic as 10 or deletion fmm
fie qu—nines ongnnlly warred in the specnGwtimss a drawings, by verbal or morn change other. If any such
change affects toe amount due Or the time of performance hereunder. an equitable adjustment shall h made.
6. TERMINATIONS.
The Foochow, May ar any tine by .... change order, terminate this agreement as to any or all portions of be
goods ohm ant shipped, subject many equitable adjustment between the parties as to any work m materials Men in
progress provided bar fe Purchaser shall nos to liable for any claims for wricipatd Profits m the -completed
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment Is, made in
favor crib, Seller with respect to any goods which are the Sellers sandasd stock. No such termination shall relieve
Me Purchase or the Seller crony of luir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) drys from the date the change or lamination is
undwed.
8. COMPLIANCE WITH LAW.
Th Seller warrants that all goods sold hereunder shag have hen produced, said, delivered and famished in sanct
compliance with all applicable lass and regulations to which the goad arc subject The Seller shall execute mad
deliver such documents in Pray be required to effect or evidence compliance. All laws and regulations required on be
ncoryoran d in ......cuts of this character me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold fie Purchaser harmless from all enacts and damages suf nerd by fie Purchaser to a onall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, brother, or convey this order, or any conies due or to become due here -der without the
prior written .mew of be otter pang.
10. TITLE.
The Seller warrants full, clear and unrestricted title to fie Purchaser for all equipment, materials, and items fumished
in Performance of this agreement, free and clear of any and all lies, restimmun, reservations, security interest
me umbrences all claims efothers.
The Sellers contmetual obligations, including wan duty, shall not be deemed to be reduced, in my way, because
such work is performed or ...it to h performed by toe Purchaser.
14, PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by lettm pmenL trademark
or copyright, the Seller shall indemnify end save harmless the Purchaser from any and all claims for infringement
by yawn of the me of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for sty cent expense Or dmage which it may Net Obliged to Pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ease said equipment, Or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part 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 same with substantially equal but
amninfirminng equipment, or modify it so it becomes nainfringing.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for my of the Sells property or business, this order may forthwith be canceled by the
er Purchaswithout liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation offer agreement and the rights of all panic hereunder shall h
owtrued under and governed by the laws ofthe Sam ofColomds, USA.
The following Addidoml Conditions apply only in cases where do Seiler is m perform work hawasder,
inclu hro, the services Of Sellwa Re,wer n dive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's own risk until the some is fully completed and accepted, and shall,
in use of any mcident, destruction or injury In the work banker materials hfore Sellers owl completion and
.Mr., mmplax the work to Seller orsm aper,e and an the satisfaction of the Purchaser. When m infid,
and equipment are famished by others for nihilistic. m erection by the Seller, the Seiler shall receive, unlmd,
store and handle same at the site and become responsible therefor as though such materials .Nor equipment
were being fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn extras¢, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to Is, done. The Seller
shall also tarty mmpreheruiw general liability include., but not limited to, contraw ual ant automobile public
liability inumm'e with bodily injury mod death limits ofar least S300,000 fen any erne persam S500,o00 for sty
one accident and pmperly damage limit per accident of Sdoo,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his eontmders
employees shall do my work upon the Pori of others. the Seller shall fumiah the Purchaser with a certificate
Mat such compensation and insurance have been provided Such certificate, shall specify fie date when such
rompewtion and insurance have been pmvidd. Such catifimta shall specify rh dose when such compensation
and annual expires. The Seller opens that such compewtien and insurance shall he wthafed until after the
entire work is completed and ncepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby swarms the entire responsibility and liability for my and all damage, loss or injury of any kind
or=him whatsoever to person or property caused by or resulting fmm the execution ofthe work Provided for in
this purchase order or in connection herewith. The Seller will indemnify and Mid Formless fie Purchaser and my
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchmm may
be put or subject by reason of any act, action, neglect, omission or default on fie pan of fie Seller, my of his
cununcto s. m any of the Sellers or contactors officers, agents or employcea In case any suit or other
proceedings shall be brought agaist be Purchaser, or its officers, in. or employers at my now M account or
by reason of any am, action, neglect, omission or default of the Sells of any of his contractors or my of its or
their officers, agents or employees in aforesaid, fie Seller hereby agrers to assume the defense thereof and to
defnd the same at be Sellers own expense, to pay my and all cosh, charges, atmmrys fees and other expenses,
My and all judgments that any be incuwmd by or obaimd egoist fie Purchaser err my of as or their officers.
agents m employees in such suits or other proceedings, and w case judgment an other lien be placed upon or
obtained against the properly of the P ichser, or said parries in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to IN, dissolved and discharged by giving bond or otherwise. The Seller and
his canm ono shall age all safety precamios, fmish and insan all gwbd weasvry for toe prevention of
accidents, comply with all laws and mgulaioe, with regard to safety imlnding, but without limiation, the
Occupatioml Safety and Health Act of 1970 and all mles and regulations issued porsumt thereto.
Revised 07/2014