HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9146950PO
PURCHASE ORDER 914695er Page
C117/ of PURCHASE
46950 t of 2
Flirt Collins/ his number must appear
\,/`I ` V 1 1 on all invoices, packing
sli s and labels.
Date: 11/26/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS **
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 11/26/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Elec Svcs Holiday Lighting
Inv. #E2 11951 dated 11/19/14
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
5,800.00
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCLU,DET'Al1S.
Tax exemptions. By swtule the City of Fiat Collins is exempt from state aad local taxes. Our Exammen Number is
98-04502. Federal Excise Tax Exemption Certificmc of Registry 84-6000587 is registered with the Collator of
line=[ Revenue, Deaver, Colorado (Ref. Colorado Revised Summon 1973. Chapter 39 26,114 (a).
Goods RejectN. GOODS REJECTED due to failure to meet specifications, ehhw when shipped ar due to defect of
damage in transit, may be rommd to you for credit and are not to he replaced except upon receipt of written
interactions from the City of Fort Collins.
Inspaeion. GOODS are subjal to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services
or M.ip..t in ,.Motu to this order con result in
mth authorized paymr W e pan of the City of Fort Collins. However, it is to be understood Out FINAL
ACCEPTANCE is dependent upon completion ofaH applicable original inspection proaduret.
Freight Terms. Shipments must he F.O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless
otherwise specified on ads order. Upermission is given to prepay freight and climate separately, the original freight
bill most stationary invoice Additional drama for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in various pats of the away, shipment is
ceMded from the nearest distribution point to distinction, and excess freight will be deducted form Invoice when
shipments are made from greater distance.
Permits. Seller shall Fracture at sellers sole cost all necessary permits, certificates and licences required by all
applicable laws, regulations, ordinances and toles of the state, municipality, territory or political subdivision where
the work is pafomeJ, a restrict by any ocher duly emotional public authority laving jurisdiction over the work
of vector. Sella further agrees to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of an assured or nuiblishad violation of any such laws, regulatous, ormances, toles
and requitement.
Aollwrimtion. All pities m this roa,., agree thus the representatives are, in fact hem Ede act possess full and
complete auoboric, m load said Contra.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the tent and conditions awned
herein set forth and any supplementary m saga ... I wrens and conditions anncxd hereto or inco,wamd herein by
reference. Any additional or different terms and conditions Crap ed by soft, me objected to and hereby rejenaL
2. DELIVERY.
PLI SE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your
promised delivery date as oared. Time is of she essence. Delivery and performance ..at be Abcled within the lime
stated on the purchase under and the document attached hereto. No eras of the Purchasers including, without
limimtim, acceptance of panel late &lived., that operate as a waiver of gas provision. In the event of my delay,
the Purchaser shall have, in addition to other legal anJ emeardle reme ies, the option orphan, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages to a result of &days
due to causes not reasonably foreseeable which we heyod its reasonable conwl and without its fault of negligence.
such act of God, act armed or military uuthoritia, gove cowl proomses, Ems, strikes. Bond, epidemics, wars or
not pavidd and notice of the rondumas coming such delay, is given no the Purchaser within five (5) days of the
time when the Seller first raelved knowledge thereof.. In the event of my such delay, the date of delivery shall he
extended for the period aryal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes traded, and
performed with the highest degree of care and competence in accordance with accepted standards for work of v
similar names. The Seller agrees to hold the purchaser harmless tram any Into, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warrant'. The Seller shall replace, repair or make
Mod, warrant cost to the purchaser, any defect err faWts nosing within one (1) year or within such ]anger period of
time as may be prescribed by law or by the terra of my applicable warranty provided by the Seller after the date of
acceptance of the goods frwashed hereunder breamarso ant to be monstrosity delayed), resulting fiom imperfect
or defective work done or materials famished by she Seller. Acceptance m use of good by the Purchaser shall nor
constitute a waiver of my claim maker this wtuanty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shut[] extend to a]I damages proximately reused by the breach of any of she foregoing warranties
or gammas, but such liability shall in no event met We loss afprafits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABD,ITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may an changes to legal teats by won. change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changterms,to the terms, other om hlegal terns , including additions to or deletions from
the quanririuoriginally ordered in the specifications or drawings, by verbal or written change order. If my such
change affect the amount due or the time ofperformai ce hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by worsen change order, emimte this agreement as o my or all Famous of do
goods then ao, shipped, subject to any Mutable djt tmmt htween the Iperindin ss 1. my work m nwtenat Nan in
progress provided that the Purchaser shall not be liable for my claims for anticipated pmhts m the uncompleted
,onion of the goods and/ar work, for incidental m armax rental damages, and and no such djuummn be made in
favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such lamination shall alieve
the Purchaser or the Seller of any effort obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be restated within thirty (30) days from the date the change or lamination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrant fast all good sold hereunder shall have been produced, said, delivered and banished in strict
compliance with all applicable laws and regulations to which the goods arc subject The Sella shall execute and
deliver such document as may he required to effect or endma compliance. All lows and regulations required to be
incorporated in agreement of this charomer aR hereby max,omtd human by this reference. The Seller agrees to
indemnify and hold the Ptachew hvmless from all mass and damages sulTered by the Purchaser. n result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any mosses due or to become due hereunder without the
prior written consent ofthe other party.
iRTITLE.
The Seller warrant Eli, clear and Warranted title to the Purchaser for all Muipment materials, and items firmishd
in a omance of Nis agmemenS free and clear of my and all liens, somictiam, uscrvmince, security interest
encumbrance and claims oforthe ,
11. NON WAIVER.
Failure of the Number, to road upon aunt performance of the terms and conditions hereof, failure or delay to
exacce any rights err manages provided herein or by law, failure to promptly ratify the Shccr in the event of a
breach, the narrow, ofor payment for gods hereunder or approval ofthe design, shall not release the Seller of
my of the warranties or obligations of this purchase order and shall not he doomed a waiver of my right of the
purchaser to insist upon strict paramance hereof or any of its right or mndies as to any such goods, regardless
of when shipped, received or incepted, a to any prior or sub a mart default hereunder, nor shall my purported
oral modification at rescission of this purchase order by the Purchaser operate as a waiver of any of the leans
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations an, in met home by the Purchaca. Theretofore, for good muse and as consideration for executing this
purchase order, the Seller hereby assigns o the Purchaser any and all claims it may new have or hereufier
acquired under federal a suite antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Ruchasa pursuant to this purchase ondm.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct the Seller to cooed nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereaner indicates its inability or unwillingness to comply, the Purchaser
may cmtse the work to be performed by the must expeditious means available to it, vad the Seller shall pay rill
costs associated with such work.
The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature
resulting from the Mrformmce attach work.
This release shall apply even in the event of fault of negligence of the party releaad and shall extend to the
directors,officer, and employees ofsuch way.
The Sellers answered obligations, including wustanty, shall not be doomed to he roomed, in my way, because
such work is pu formd or mead to he Mformal by the Pcrcbxsa.
14. PATENTS.
Whenever the Sella is mryird to ice any design, device, maerial or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser fiom 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 indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the persecution or after the completion of the work. In case said equipment, ar
any pan thereof or the amended use of the goods, is in such suit held to complain infringement and the use of
said equipment or pan is rammed, 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 some with intensionally clod but
naninfdnging composed, or modify it so it becomes mainfrfnging.
15. INSOLVENCY.
If the, Sella shall become insolvent or bankrupt, make an assignment for tad bmcfit of continua, appoint a
raceiva o, vt En for my of the Sellers property m business, this order may forthwith be canceled by the
Purchmer without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panic hereunder shall be
construed under and governed by the laws ofthe Sate ofColoado, USA.
The following Additional Conditions apply only in eases where the Seller is to peifom work hereunder,
including the services of Sellers Reprexn ative(s), on the premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until the same is fully completed act accepted, and shall,
to eve of any aaldon, dRlmcdon or injury in the wart and/or nwtemis before Seller's focal camplelloa and
acceptance, complete the work at Sellers own expense ad to the satisfaction Of the Purchaser. When nationals
and equipment . fmished by others fan installation or erection by the Seller, the Seller andl receive, mlmd
store ant handle same at the site and become responsible therefor to though such materials as Vor aluipment
were being Inmisbd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occapatimal
disease benefits, to its employees employed on or in connection with the work covered by this purchase maker,
and/or to their dependent in accordance with the laws of the state in which the work is m be done. The Seller
shall also any, comprehensive general liability including, but con limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one Person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do my wank upon the promises creasers, the Senn shag burnish she Purchaser with a certificate
that such enmpn amon awl insurance have been provide- Such certificates shall specify are date what such
compeamlim and imuance have been provided. Such comficotes span spcyb6the date when such con wasalian
and insurance expires. The Seller agrees that such compensation and imuranuc shall he comma al wi ifaRei the
entire work is completed and ancepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assureas the mtim responsibility and liability for my and all damage, loss or injury ofany kind
or nature whatsoever to parsons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in manection herewith The Seller will indemnify and hold hamlets the Purchaser and any
r rill of the Purchasers oMon.. agent vad employees from and against my and all claims, loss., damages,
charges or expenses, whether direct or indirect, and whether m persona or property to which the Purchaser may
be put or subject by reason of my act, anion, neglect, omission or default on the Con of the Seller, any of his
contractors. or my of the Sella or contmaors officers, agents or employees. In case any suit or other
proceedings shall be brought against fe Purchaser, m its oRcas, agent or employees at my time on sccomt or
by reason of any set ration, neglect, omission or default of the Sella of my of his mutation, or my of it or
shed, officers, age. or employees as aforesaid, tle Seller hereby agrtw to assume the defense thereof and to
defend the same a, the Sellers own expense, to pay any and all ants, changes, runways fees ed other expenses,
any ad all judgment Nat may he mound by or obtained a,., the Purchaser or any of it or thou ofce.,
agents or employees f such suit or other poexamap, ad in care judgment or other lien he placed upon or
obtained against the property of the Purchaser, or said panics in or as a result of such suit or other proceedings,
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 guard 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 rates and regulations issued pursuant thereto.
Revised 09Q014