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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9146857PURCHASE ORDER PO Number Page City of 9146857 1of2 ' `t Col` Ins This number must appear on all invoices, packing sli s and labels. Date: 1112412014 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 UOM Unit Price Extended Ordered Price TRAFFIC CONTROL PROSPECT/STOVE 66137 /j 4 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 1 LOT LS 17,404.65 Total $17,404.65 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. COMMERCIAL DETAILS. Tax exemptions. By stalum theCity of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to Internal Ravenue, Denver, Colorado (Ref Colarado Revised Statutes 1973. Chapter 39-26,114 (a). exercise any rights or remedies provided herein in by law, failure to promptly beefy the Sella in the event of a breach, the acceptance afar Favored for goods hereunder or approval offs design, sent not relase the Sorer of Good Rejected. GOODS REJECTED due to failure In meet spanfieetions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of soy right of the damage in munir, may be returned to you for credit and are not to be replaced except upon receipt of women purchaser to msul upon stria performance hereof or any of its rights or mares cs as bevy such goods, mgmdless instructions from the City of Fort Collins. of when shipped, received or accepted, in; to tiny prior or subsequent default hereunder, nor shall any parponed oral modification or rescission of this purchase not by the Purchaser claim, as to waiver of any of the ¢erns Inspection. GOODS are subject to the City of Fort Collins insiders. ers. on consul. hereof. Final Acceptance. Receipt of the merchandise, services or equipmrnt in response to this order an result in 12.ASSIGNMENr OFANTETRUSTCLAIMS. authorized payment on the pan of the City of Fair Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overeharges resulting from rations, ACCEPTANCE is dc,fident upon completion fall applicable required inspection procedures. violations sure in fact homere by the Pardons. Theretofore. far oral sum and as mnsidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or scale antic st laws for such overcharges relating to the particular goad or cervices otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant on this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in rims pans of the country, shipment is I fthe Purchaser directs the Seller to comet nonconforming or defective good by a date b be agreed upon by the expected from the nearest distribution point to destination, suit excess freight will be deducted from Invoice when Purchaser and the Selleq and the Seller thereafter indicans its inability or unoillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expedinaus means available to it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses requital by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fan Collins harmless from and against all liability and lass tied by them by reason of an awned or established violation of any such lows, regulations, ordinances, roles and awrequirements. Authorization. All panic to this ,notion agree that the representatives are, in fact, born fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the in. and conditions stated herein ad forth and any supplementary or additional toms and conditions aanexed hareto or incorporated heain by reference. Any additional or different temp and conditions proposed by caller are objected to and Laeby jelled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as aided. Time is of the essence. Delivery and Performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pr nial late deliveries, shall operate as a waiver of fls provision. In the event artery delay, she Purchaser shall have. in addition to other legal and equitable remedies, the option ofplaciag this order elsewhere and holding the Seller liable far damega. However, the Seller shall not be liable For damages in a mull of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Grad, acts ofcivil or military authorities, governmental priorities, Has. strikes, Brad, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Sella for 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 last by reason cribs delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confortn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, 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 purchaser hamslas fmm any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwananty. The Seller shall replace, rapair or make gaol, without cost to the purchaser, any detects or faults arising within one (1) year or within such longer period of time as may m prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acttptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not ounitute a waiver of any claim under this warranty. Except as otherwise provided m this purchase coda, the Seller Liability hereunder shall extend to at damages proxiddely tossed by the breach of my of the foregoing usamounts or guammms, but such liability shall in no event include loss ofpmfits or has of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes ten legal terms by wnnm change order 5. CHANGES IN COMMERCIAL TERMS. The Pumhaer may make any changes to fie terms, other than legal more, including additions o or deletions from the quantities originally ordered in me specifications or drawings, by verbal Or change rNa. If any such change alTcds the amount due or no, time ofperf erns. hereunder, an equitable adjntmmt sMll be made. 6. TERMINATIONS. The Purchaser may at or, time by wntmn change codes, terminate this m ocmcm n on any in all portims of the goods then not shipped, subject to any equitable MIJustmrnt between the panics is to any work or materials fen in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such tamination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be tumned within thirty (30) days firm the date the Gouge or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to he ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchand as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any names due or to become due hereunder without fc ,no, wrinm consent afthe after party. 10. TITLE. The Seller warrants full, clear and uvravided tide as the Purchase for all equipment, materials, and it. furnished in on.. of this ii mament free and clew of any and all lien, rafctims, rnmatiom, security must ercumbtmces and claims of ofer, The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the pcRorromwe ersuch work. This data a shall apply even in the event of fault of negligence of the any released and shall extend m the directors, officers and employees ofsuch parry. The Sellefs contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed err caused to be perforned by the Purchaser. 14. PATENTS. Whenced the Seller is required 10 use any design, devise, material or process covered by lever, patent, trademark or copyright. the Seller shall customary and save hmmless the Pardoner form my and all claims for infringement by mason of the use of such pmmted design, device, material or process in connection with the mnbon, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reamn of such infringement at any time during the prosecution or slier the completion of the amrk. In case said equipment, or any pan thereof or the intended use of the good, is in such stair held or constitute infringement unit 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 pars, replace the same with substantially m,M bur morn nfinng aquipmem, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent ar bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellm property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oflerms used or the interpretation of the agreement and the rights mull purists hereunder shall be ransomed under and gummed by the laws of the State of Colorado, USA, The following Additional Conditions apply only in cans where the Seller is to perform work hereunder, including the smica ol'Sellm Radesendativefa), on the premises of dhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellefs awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or contents before Seller's fecal completion and acceptance, complete the work at Sellefs nun expense and to the satisfaction of the Purchaser. When mod als and equipment are Enriched by others fur installation or action by the Seller, the Seller shall receive, unoad, adore arnd handle same at the site and become responsible therefor as though such rwtenals suat euipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, d his own expense, provide for she payment of workers exmpensniom, imcludimg eccupationl disease benefits, to its employees employed on or in connection with the work covered by this pmebuse order, andsor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmcual and automobile public liability insurance with bendy injury and death limits of in lent S300.000 for any one person, $S00.000' for any one accident and pmperry damage limit per accident of S40B4Ofid. The Seller shall likewise require his contradon, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pardoner with a renificate that such compensation and insurance have been provides. Such c tificates ahll specify the date when such compensation, and laurance have been provided. Such cenificma shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and announce shall be maintained until after fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold handless the Purchaser and any r all of the Purehnds officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may be put or subject by reason of any set, when, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaeq or its officers, agents or employees at any time on accound or by reason of my acq action, neglect, omission or default of the Seller of any of his contractors or 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 any end all cats, charges, attorneys fees and ofer experaid, any and all factors. that may be maurml by or obtained against the Purchaser or any of its or their i ffcm, agars m employees in such suits or other proceedings, and in case judgment m other dim be placed upon or obtained against the property of the Purchases, or said parties in or as a result ofsuch suits or other pence dinpy, the Seller will at once cons, the same to be dissohd nand discharged by giving Fund or otherwise. The Seller and his contractors shall take all safety Precautions, fumsh and mull all guard necessary for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without liwratioo, the Occupational Safety and Health Ad of 1970 and all roles and regulation issued pursuant tbereo. Revised 012014