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HomeMy WebLinkAbout103941 CITY OF FORT COLLINSW MISCELLANEOUS - PURCHASE ORDER - 9146854PO PURCHASE ORDER 914685er Page City. of46854 1of3 ' `tCollins/ This number must appear V " on all invoices, packing sli s and labels. Date: 11 /24/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price I STREET CUT PERMITS 1 LOT LS 14,033.00 66059 2 STREET CUT PERMITS 1 LOT LS 3,600.00 66059 3 STREET CUT PERMITS 1 LOT LS 30.00 66059 4 STREET CUT PERMITS 1 LOT LS 18,230.80 66059 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 Fort Collins n "lnj`{' PURCHASE ORDER 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 PO Number Page 9146854 2o13 This number must appear on all invoices, packing sli sand labels. Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of To" Collins is exempt fmm lam and local uxs. our Exemptoo Number is I L NONWAIVER. 98-04502. Federal Exe'ae Tax Exemption Certificate of Registry S4fi000581 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Terms and condition hereof, failure or delay to Mo.[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any nghm or remedies provided herein or by law, Enforce to promptly testify the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval ofthe design, shall not relearn the Seller of Goods Rejected. GOODS REJECTED due to failure to area sp wificiames. either when shipped or due to defccs of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist up on strict perfomance hereof or any of its rights or remediea n to any such goods, regardless inmaiwns fmm the City of Fort Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any parpm ed coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on errivd. hereof. Final Acceptance. Receipt of the merchandise, services or aauipman in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fear Collins. However, it is to be understood that FINAL Seller and the Purchaser «cognize that in actual crommin practice, o erchnrgem s resulting froantimat ACCEPTANCE is dependent upon completion of all applicable required inpeclum procedures. violation are in fact home by the Purchaser.Theretofore, for good cause and as consideration for executing this pmrcham oNer, the Seller hereby assign to the Purchaser any and all claims it may now have or her after Freight Terms. Shipments most be F.O.B., City of Fort Collins, IN Wood St, Fort Collins, CO 80522, unless imaging under fedeal or sum som rasr laws for such overchages relating to the particular good on services whavese specified on this Oder. If permiasion is given on prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purchase oNer. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have cintribrung points in various parts of the crown,shipment is Ifthe Purdwser directs the Seller to whrect nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution Point to damnation, and excess freight will be deducted fmm Invoice when Pvahaser and the Seller, and the Seiler dracifler indicates its inability or unwillingness to comply, the Purchner shipments ere made from gradva distance. may came the work to be pertormM by the most expedidon mean available to it, and the Seller shall pay all costs associated verb such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificaes and licenses required by all applicable lows, regulations, ordinances and ales ofahe slot, municipality, terimry or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an mated or established violation of any such laws, regulations, ordinances, ales This release shall apply even in the event of fault of negligence of the parry retried and shall extend to the and "documents. directors, officers and employees ofsuch party. Authereader. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete maturity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition smtM herein sec both ad any supplement, or additional terms and conditions annexed harem or incorporated herein by reference. Any additional in diRerent tents and mndition proposed by seller are objeand to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT ' innnedirmly if yea cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance all be efremd within the rime slated on the purchase order and the documents aaward hereto. No acts of the Purchasers including, without herati time, weep once of partial late deliveries, shall opcmte as a waiver of this provision. In the event agency delay. the Purchasa shall have, in addition m other legal and altitude, remedies the option of placing this order elsewhere and holding the Seller liable for damages. I lowever, the Seller shall not be liable for damages as a result of delays it.. to causes nor oneumealdy foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts of,iril or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the condtion musing such delay is given to the Purchaser within five (5) days of the time when the Seller fine received knowledge tharof. In the event of any such delay, the date of delivery shall be extended for the penal egal m the fine mtuclly lost by reason ofthe delay. 3. WARRANTY. The Seller waaants that all goods, articles, materials and work covered by this order will confmm with applicable drawings, specification, samples and/or other description given, will be fit for the purposes lmended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the pvahzeer harmless fmm any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller otter the due of acceptance of the goods furnished hereunder firem nowt not to be unreawably delayed), reaching from imperfect or defective work done or materials mmuhN by the Seller. Acceptance or use of goods by the Purchaser shall not combine is wailer ofay claim under this womnry. Except n otherwise provided in Nis purchave order, the Sellers liability hereunder shall extend to all damages prematurity caused by the breach of any of the foregoing warturna or guarinam, but each liability shall in no event include loss ofprofim or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes in legal owns by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mans, other than legal hems, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the lime of performance hereunder, an assailable adjustment shot] be made. 6. TERMINATIONS. The Purchaser may a any time by written change oMe, lcmirde this agrcemrnt us to any or all portion .1 he goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Loomeos provided that the I'umhaaa shall not be liable for any claims for nnddpwed prof rah the uncompleted potion ofthe goods and/or work, for incidental or consequential dmages, and that no such adjustment he made in favor clubs Salle, with respect to any good which are the Sellers recall stock. No such mmrincrion shall relieve the Purchase, or the Seller ofany of Neil obligation ex to any good delivered bertuedm. ]. CLAIMS FOR ADJUSTMENT. Any claim I'or adjustment rant be ismned within thirty (.1tl) days from the date the change or teminmion is ordered. 8-COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall hove been pmdeced, sold, delivered and fumishnd in atria compliance with all applicable laws and regulation to which the good ere subject. The Seller shall execute and deliver such documents n may be required to eR et or evidence compliance. All laws sad regulations requital 4, be uninformed in agreements of Us character we hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Puahaser hamless fmm all costs and damages suferd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnna Boll, clew and unrestricted title to the Purchaser for all animated, mmatils, and if. fumuhed in performance of this agreement free and clear of any and all lienn , restrictions, reservmions, security interest wasurbamses and claims of others. The Seller's contractual obligations, including warranty, shall not be deemed hh be reduced, in any way, because such work is performed or caused to be perfumed by the Purchner. I4. PATENTS. Whenever the Seller is required to use any design, device, materiel or process covered by later, polar, rcademah r copyright the Seller shall indemnify and save harmless the Producer Bom any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the mummer, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason clinch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any pan thereof or the intended use of the goods, is in such wit held W constitute inchworment and the ne of said aluipmmt or in is enjoined, the Seller shall, at its oven expense and in its clown, either procure for the Purchaser the right to continue ring said equipment or pans replace the same with substantially equal but coninfinging equipment, or modify it so it becomes noninfiinging. 15ANSOLVENCY. If the Seller shall become insolvent m bankrupt, make an assignment for the benefit of crtdion , summer a or tmsme for any of the Sellers pmpertry m business, this maker may foMwirh be canceled by the Purchasawithoutliability. 16. GOVERNING LAW. The de0nitiuns of mans used or the imagination of the agreement and the rights of ell parties hereunder shall be conrsed under it governed by Ne Woos of the Suite.&Colorado, USA. The following Additional Condition apply only in eases where the Seller is in perform work remainder, including the services ofSeliers Re,exima ive(s), on the premiss agencies. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same is fully completed and accepted, and shall, in maze of any accident, destruction or injury to the work anNm matrials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When ralmals and cquipmrnt are famished by others for installation or erection by the Seller, the Seller shall receive, ceded, store and handle same at the site and become reportable therefor as though such materials and/or equipment war 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 barges, to its employees employed on or in nomination with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is in be done. The Seller shall also sorry comprehensive General liability includin, but not limited m, contractual and automobile public liability insurance wish bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise tame, his contractors, Won, to provide for such compac anion and insurance. Before my affair Sellers or his contractors employes shall do any work upwn the, premixes of others, the Sella shall famish the Purchaser with a canificars that such compensation and insurance have been provided. Such catificmes shall specify the date when such compensation and insurance have been provided. Such cenificatns shall specify the daae when such compensation and insurance expires. The Seller names Wm each compensation and insurance shall be maintained until after the entire work is completed and walnut. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of my kind or nature whalsoever m persons or property caused by or reaching from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hvmlesa the Purchner and any r all of the Purch om effects, agents and employees from and against any and all claims, losses, damages, charts or expenses, whether direct or irdual, and whether to person or property to which the Paramount may be put or subject by orman of any act action, neglect, omission or default on the pan ofthe Seller, any of his coaftnewars, or any of the Sellers or contractirs rRcem'mrs or employees. N case any suit or other proceedings shall be brought against new Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees n aforesaid, me Seller hereby agrees to assume the defense thereof and to defend the came set the Sellers own expense, io pay any and al I costs, charges, attorneys fees mad oNer expenses, any and all judgments that maybe incurred by or obtained against the Purchaser or any of its or theh wRcem, agents or employees in such suits or other proceedings, and in now judgment or other Era be placed upon or obtained against the property of the Purchaser, or said Parties in or as a result ofsuch suits or other protractile, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gards necessary for the prevention of accidents, comply with all laws and regulation with regard m safety including, but without founded. the Occupalioal Safety and Health Act of 1970 end all ales and regulation usund persumt thereto. Revised 0Irz014