HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9146855Fort Collins
PURCHASE ORDER
Date: 11/24/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS **
PO Number Page
9146855 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: 11/24/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
PATCHWORK W MULBERRY/COLLEGE 1 LOT LS 18,013.46
66002
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 $18,013.46
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 3 of 3
L COMMERCIAL DETAILS.
Tax exemptions. By statute the Ciry of Fun Collins is exempt ram state and local taxes. Our ❑xcmption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Imams[ Revenue, Drove,. Colorado (Ref. Colorado Revised Swm,m 1973. Chapter 39-26. 114 Md.
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in Mount, troy be rehuned to you far credit and are trot to be replaced except upon receipt of "On
instructions fmm the City of Fort Collins.
Exposures GOODS arc object w the Cityof Fon Collins inspection on larval.
Final Acceptance. Receipt of the n erchandise, sendces or equipment in response to this order can msull in
malsocV3 payment on the an of the City Of Fart Collins. However, it is to be understood but FINAL
ACCEPTANCE is dependent upon completion of al I applicable squired impmtion procedures.
Freight Terms, Shipments most W F.O.B., City of Fort Collins, 700 Wood Sr, Fan Collins, CO 80522, unless
Otherwise, specified on this order. If permission is given to prepay freight sil charge separately, the ongirmal freight
bill most company invoice. Additional charges for packing will nor be am epm oil
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipment are made from greater distance.
Permit. Seller shall procure at sellers sale cast OR necessary permit, cenificalu and licenses required by all
applicable laws, regulations, ore iramxs and roles of he state, municipality, mmtrry or Wlhical subdivision where
the work is performed, or antri,ed by any order duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins hmmleu from and against all liability and Ices
timed by them Mambli by son of an asserted or essbed violation of any such laws, regulations, ordinances, Mies
and rquirement.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. q'his Purchase Order expressly limit mosimmce to the tams and condiuom stated
herein set fond end my supplementary or additional tarts and conditions aanexed From. or inowissaaed hemmer by
reference. Any additional or different ream and eandniars proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGED Iimmediately if you cannot make complete shipment to Move on your
promised delivery date as noted. Time is of the essence. Delivery and performance most In, effected within the lime
stated on the purchase order and the dogoemns attached nature. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, skill operate u a waiver of this provision. In the even, of my delay.
the Purchaser &hall have, in addi,ion tp other legal and cqdtable remedies, the option of,i.eing this order elsewhere
and holding the Seller liable for damages. However. the Seller shall nor but liable for damages ac a result of delays
due an tames no, rmmrabty foreseeable which arc beyond it mawnable contml and without it fail, of negligence,
such art of cod, acts or civil or miJury authorities, gavemmmml priorities, fires, Milan, flood, epidemiet, wars or
riot provided that nor ice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge themd. In the evenl of any such delay, the data of delivery shall be
extended for the pan it equal to the lime MMIly lost by reason of the delay.
3. WARRANTY.
The Seller castors rho all good, articles, mamrids and work covered by this order will conform with applicable
dmwiogs, specifications, sample soli other descriptions given, will be fit far dre purposes imendd, and
performed with the highest degree of art and competence in accordance with cccpted sandards for work of a
similar Moore. The Seiler agrees to hold he purchaser Models from any loss, damage or expense which the
Purchaser may suffer or incur on amount ofthe Sellers breach ofwzmnty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defies or fault mixing within one (1) year or within such longer period of
time as may be prescribed by law Or by the mot of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptmes not to be unreasonably delayed), resulting from imperfect
or defective work done or material f ishod by the Seller. Acceptance or use of good by he Purchaser shall not
continue a waiver of my claim urger this warranty. Except as otherwise Provided in Nis purchase order. fie Sellers
liability Mcunder shall emend to all damages proximately caused by the Much of any of t1e foregoing want ies
or gmmntem, but such liability shall in no event include loss of profit or lass of use. NO IMPLIED WARRAM'Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes to legal terms by written change order.
5. CHANGES M COMMERCIAL TERMS,
The Purchaser may make any change to the terms, other than legal alms. including additions to or deletions from
the quantities originally o dercd in the apesilratiom or drewings, by vcrhsm or wrown cMnge order. If any such
change affects the amount due or late time of performance hereuMer, an equitable adjmunent shall be made.
6. TERNEINATIONS.
The Purchaser may to any time by written change order, terminate this agreement m to any or all mormavi of Ne
goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in
pM,.a provided that the Purchaser skull not be liable for any claims for anticipated profit oa the uncompleted
potion of the good and/or weak, for incidental or consequential damages, and hat no such ndjustmmm be made in
favor of the Seller with respect many gown which art he Sellers smndord nomk No such termination shall octave
Me Ftuchua or the Seller army oftheir obligations s w any goods delivered heeunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment meat be asserted within thirty (30) days from the date the change or termination is
Ordered.
8. COMI LIANCE WITH LAW.
The Seller wartsnts that all good sold hereunder skill have been produced sold, delivered and 0trished in stud
mmplunce with all applicable laws and regulations m which he good ere subject. The Seller shall execute and
deliver such document m may Ins, acquired to effect Or evidence compliance. All laws end regulations required to be
incorporated in agreement of his character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hemmless from all cost and damages suffered by the Forebear as a court of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shut] msign, tranofer, or convey this order, or my monies due or to become due hereunder will the
perm written consent ofthe afar party.
10. TITLE.
The Seiler warrant full, clear and umestncted title to the Pmchua for all equipment. materials, and items finished
in performance of this agreement, free and clear of my and all diem, restrictions, reset ations, seeunty interen
communications and claims ofoNers.
11. NON WAIVER.
Failure of the Purchaser to insist no snort performance of the terms and conditions motor failure or delay to
coarvise any rights or masterful provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance of or payment for goods hereunder or approval of the design, slot] not release: the Seller of
arty of the wamnees or obligations of this purchase order and shall not be deemed a waiver of any tight of the
purchaser w insist upon &Viet performance hamofor any of its rights or remedies m to any such goods, regardless
of when shipped, received or areepmed, . to any prior in subsequent default hereunder, mar shall my Purported
oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS,
Seller and the Purchaser mean re that in news[ economic practice, overcharges resulting fmm antitrust
violations am in far fact bare, by the Purchaser. Theretoforefar cod cause and all consideration for executing this
purchase order, the Seller hereby amigns to roe Purchaser any and all claims it may now have or hereafter
acquired under federal or stare antime t laws for such overcharges relating to the particular goods or survival
purehatM or acquired by the Parahunt pursmet to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
]fine Purchaer directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller hereafter indicates its iambility or unwillingness to comply, the Purchaser
may cause the work to lie performed by the most expeditious means available to it, and the Seller shall pay all
cost swam aced with such work.
The Seller shall release the Purchaser and its wnmence of any an from all liability and claims of any ronsre
resulting from the performance of such work.
This release shall apply even in the event of fault of ncgligmce of the pan, released and shill extend to the
direcmrs, ofticm and employees ofsuch party.
The Sellers commensal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
When. the Seller is required to me any design, device, material or praess coverts by lever, patent, tredemck
in copyright, the Seller stall indemnify and save harmless Ore Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, coalmal or process in connection with the common, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any lime during the prosecution or other the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and toe use of
Mid equipment or pan is enjoined, the Seller shall, at it own expense and at it option, citM prmure for he
Purchaser he right to continue losing said equipment or parts, replace the same with substantially equal but
noninfringing equipment. or modify it so it becomes nralnfnng ft.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appeint a
receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions inflators used or the interpretation of flu agreement and tie right ofall parties hereunder shall be,
consuued under and governed by he laws of the State of C.I.do, USA.
The following Additional Conditions apply only in cases where the Seller s to paufarut work hereunder,
including rise services of Sellers Representativa(s), on the premiles credits.
17. SELLERS RESPONSIBILITY.
The Seller skill tarty on said work at Sellers own ruk Maul the sane is fully completed and accepted, and shall,
in case of any accident, destruction or injury in the work atdsor mmenals before Sellers final completion and
acceptance, ..,let. the work at Sellers own expense and an Ore anisf tian of the Purchser. When mmmials
and equipment are finished by others for installation or erection by he Seller, the Seller shall receive, reload,
store and handle some at the site and become responsible therefor in though such material author equipment
were being fumshed by the Seller under use order.
18. INSURANCE.
I he Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to it employees employed an or in comedian with the work covered by this purchase order,
supper to their dependent in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry, comprehesive general liability including, but not limited In. ronmcnol and eatamobile public
liability imumnce with bWiq i,, alb death limits of m least S300,00a far any — Vnt 55W,aao for any
one accident and property damage limit per accident of S400,000. The Seller shall likew'se require his
if any, to provide for such compensation and insee. Before my of the Seller or his conaractral
promises shall do any work upon the rtmises of others, the Seller shall fumsh the Perchance with a certificate
that such compensation and insurance have been provided Such evnificaus shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and iruumnce expires. Me Seller ,.as hat such compensation and insurance shall be maintained until after the
endue work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumas the more responsibility and liability for my and all damage, loss or injury army kind
or mature whensoever to parsons or property caused by ear resulting from fie execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold ]armless the Puchaer and any
r all of the Purchasers officurs, agent and employees from and against any and all claims, losses, damages,
charges or expenses, wheher direcl or indirect and whether to persons or properly m which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the part of he Seller, my of his
contractors, or my of he Sellers Or contractors officers, agent or employees. In ame any suit or other
proceedings shall be brought against the Pmchsser, or in officers, agent or employees at my time on account or
by rcawn of my act, action, cancer, omission at default of fee Sella of any of M conclusion or any Of it or
their officers, agents or employees as aforesaid, he Sella hereby agrees an assume %e defense thereof and to
defend the some or the Sellers awn expense, to pay my and ell costs, charges, atwmeys fro and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser or my of its or their officers,
agent or employees in such suits or other proceedings, and in case judgment or other Into he placed upon or
rumored against the property of he Purchaser, or said parties in or an a result of each suit or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving baud in otherwise. The Seller and
his coatrdclors shall take all safety precantions, famish and instill all guard necessary for the prevention of
mcidmt, comply with all laws and regulations with regard to safety including, but without limiaton, he
Ottupauoral Safety and Health Ad of 1970 and ell Mies and regulations issued p.. thereto.
Revised 0712014