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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147170Fort Collins Date: 12/05/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " PO Number Page 9147170 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: 12/05/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price PATCH WORK BEECH/SYCAMORE 1 LOT LS 30,761.59 66338 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.00m Total Pay terms net 30 days Invoice Address: .59 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 statute the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemplim Certificate of Registry 84.6000587 is m,facral with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Studies 1973, Chapin 39-26, 114 hq) Grads Rejan d. GOODS REJECTED due to failure to mat specifications, ehher what shipped or doe m defccs of damage in transit, may be normal to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection em arrival. Final Acceptance Receipt of the merchandise, services or aryipment in response to this order can result in avlhmiud pMenn on me pad of the City of Fort Collins. However, it is to be understood Bar FINAL ACCEPTANCE is depmdenl upon completion ofall applicable requited inspection procedum. Freight Terms. Shipments most be F.O.D., City of Fort Collins, 900 Wad St, Fort Collins, CO 80522, unless otherwise specified on this order. if pcmnission is given to prepay freight od charge separately, the original freight bill must accompany immice. Additional charges for picking will riot k accepted Shipment Distance. Where manufacturers hale disunionist, points in aficus, pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted him Invoice when shipments are made from grater dam a, Permits. Seller shall prmure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the mate, municipality, temmry or political subdivision where Be work is performed, or rcquind by any other duly constituted public aunhodty Ismingjunsdiction over fho work of candor. Sella fuller agrts too hold Be City of Fort Collins final. fmm all against all liability erred loss incurred by them by reason of an asserted or established violation Of my such laws, regulation, ordinances, rules and requirements. Authorization. All pries to this contract agree that the represemutivs are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits weemarmc to the terms W condition stated herein set forth all any supplementary or additional corms and condition annexed hereto or incorporated herein by reference. Any additional or di Wrenn rams and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date M noted. Time is office essence. Delivery and performance most be eDected within the time stated an the purchase oNa and the documents attached hereto. No acts of Be Purchasers including, without limiraro, me,. extremist late deliveries, shall operate as is waiver of Bis provision. In the event of any delay, the Purchaser shall base. in addition m other legal and equitable remalms, the option ofplming this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages n a result of delays due to causes not Monrmbly funtmeable which art beyond its reasonable control and without its fault of negligence, such acts cf God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riot provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the ,cm of any such delay, the dam of delivery shall be extruded for rho peried qual to On lime acnmlly Item by reason ofhh delay. 3. WARRANTY. The Sella warrants Bat all goods, articles, materials and work covered by this order will confirm with applicable drawings, specification, samples anNm other descriptions given, will be fit for the purposes intended, and pergate al with Be highest degree of can and compemnce in accordance with accepted standard fm work of a imilar nature. The Sella s inees to bold the frocluxuar herml. from any lass, damage or aspirin which the Purchaser may suffer or ircm on account trust, Sellers breach iff'.1 . The Sella shall replace, repair or make good, without cost to the purchaser, my shown or faults nixing within one (1) year or within such longer period of time as may he pmmbed by law or by the Leon of my applicable warranty provided by the Sella after the doe of acceptance of the good furnished hereunder (acceptance not to ho unreasonably delaye ft, resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or ere of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except n otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately causal by Be breach of any of the foregoing wanantis or gammas, but such liability shall in no runt include loss ofpfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terns by wrnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms. including addition to or deleniom fmm hie quantities originally oNand in the specifiwtiom or dnwinp, by verlul Or sateen change soda. If any such change alTects the amount due or the time of performance hereunder, an equitable adjustment shall W made. 6. TERMINATIONS. The Purchaser may at any time by —own change order, terminate this agreement as to any or all porticos of the good, then rant shipper, subject to my equitable adjustment between the Entries as to my work or mmerials then in progress pruvided that the Encloses shall not be liable for my claims for anticipated profis Or the uncompleted pension of the gold anNor weak, for incidental or cootyurnfial damages, all Bat On such adjustment be aside in foam, of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall balm, the Purchaser or the Seller ofmy of their obligation to to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the clonge or termination is ordered. 8. COMPLIANCE WRH LA W. The Seller wamms feet all goods sold heremder shall have been produced, sold, delivered and finished in strict compliance with all applicable In. and regulations to which the good arc subject. The Sella shall execute and deliver such documents s may In required to effect or evidence compliance. All laws and regulations requital to be incorporated in agreements of this character are hereby incorporated herein by this names. The Seller agrees to indemnify and hold the Purchaser harmless from all cows all damages suffered by the Purchaser as a result of the Sellers failue to comply with such law. 9. ASSIGNMENT. Neither party shall Mot, transfer, or convey this order, or any moms due or to bmome due hereunder without the prior written combat off other party. 10. TITLE, The Sella warrens full, clear and mmnniaed site to the Purchaser for all equipmen4 rmterials, and items furnished in performance of this agreement, f and clear of my and all lien, muicdores, reservation, securiry interest eucunNmncs and claims o mbar. 11. NON WAIVER. Failure of the Purchaser to insist upon strict Performance of the moots and coMitions hereof failure or delay to any rights m remedies provided herein or by law fm'Ime to promptly notify the Sella in the event of a breach, the meeptmee Ofor wM nt for goods hereura er or approval ofhh dem es, amid col ml. the Senn of My of the wnrtvnfes or obligations of this purchase order and shall nor be droned is waiver of any right of the purchaser to insist upon strict performance hereofm any of its rights or remedies n to any such goods, regardless of when shipped, received or accepted, n to any prior or subsequent default hereunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser operate M a waiver of any of the terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the purchaser recognize that in moral a is parties, o achargs resulting from antitrust violation arc in fact borne by the Purchaser. Theretofore, for good come and as consideration for ..No, this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereaner acquired under federal or state antitrust laws for such overcharges miming to Be particular goods or services purchamd or acquired by the Purchaser pursuant m this purchaw, order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhaur directs the Seller to correct nonconforming or defective goad by a dam to be agreed upon by the Purchaser and the Seller, and the Seller Boni a indicates its inability or unwillingness to comply, the Emotions may cause the work to be performed by she most expeditious means available to it, and she Seller shall pay all cons nevocimal with such work. The Seller shall release Be Purchaser and its contractors of any tin from all liability and claims of any come resulting from the performance ofsuch work. This release shall apply even in Nc event of rush of negligm<e of the parry released and shall affid to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed in be reduced, in any way, because such work is performed Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to on may claim, device, material or pracess covered by later, parent, trademark or copyright, the Seller shall indemnify and save hannlss fee Purchaser from any and all claims for inGngement by reason of the use of such p Tented design, device, coaled.] or process in connection with the comfort, and shall indemnify the Purchaser for any cost, expense or damage which it may m obliged to pay by reason Of such infringement at any time during the mnecution or after the completion of the work. In case said equipment, or any Part thereof or the intended use of the goods, is in such suit held to contimm infringement and the use of said equipment or pat is joined, do, Sella shall, to its owo expense all at its option, either procure for the Purchases the fight to continue using said equipment Or Arts, replace Be same with substantially asi but noninGnging equipment, or modify it w it becomes mainGvging. 15. RISOLVENCY. If Be Seller shall become mmNenl err bankrupt, make an assignment for the benefit of creditors, appoint e =civet or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Ruchowr without liability. 16. GOVERNING LAW. The definitions rfterms used or the interpretation of the agreement and the rights of all pa ris hereunder shall he committed under and governed by the laws of the State ofColomdo, USA. The following Additional Condition apply only in rases where the Seller is to perform work herededa. including the stoics of Sella Repparmativc(s), not the Premises ofrohna. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work al Sellers own risk until Be some is fully completed and accepted, and shall, in se of any accident, destruction or may to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction othh Purchases, When materials and equipment an fumishal by orders for installation or motion by the Seller, the Seller shall receive, defend, store all handle same 0 hie site and become responsible therefor in though such materials andrm equipment were being Burnished! by thc Sella udef the order. 18. INSURANCE. The Seller shall, m his own expose, provide for the payment of workers compensation, including occupational disease henefils, 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 be done. The Seller shall also carry comprehasive general liability including, but not limited to, mnmctual and automobile public liability inumnm wish bodily injury all drnB limits of at mass $300,am for my out person, 550g000 for any one accident and pmperty damage limit per accident of S400,000. The Sella shall likewoe requite his carnations. if any, to provide for such compensation and ismarance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall furnish the Purchaser with a cenificam that such c mpenation and insurance have been provided. Such catificaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the Site when such compensation and insurance expire. The Seller agrees Btu such comperatio r and immune shall be maintained mad ma the entire work is compined and asompled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the attire rsponsibility and liability for any and all damage, loss or injury of any kind or nature whosoever to Person or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any or ail of the Pus<haws, othcers, .,as. and employees from and against any and all claims, losss, damages, charges or exPeaws, whether direct m indirect, and whether to persons or proltaty to which the Purchases may Ee put or subject by reason of my ram, action, neglan, omission w default on the per crude Sella, any of his oomoors, or any of the Sellers or at... fINcers, agents m employees. In case on, suit of doer proceedings shall he, brought against the Purchase, 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 my of its or their officers, agents or employees n aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the, same at the Sellers own expense, to guy any and all cosy, changes, morays fees and other expenses, my aod all judgmeas dust may be incurred by or ebtai d against the Purchases or my of its or their omces, agents or employees in such suits or other procedings, and m esse judgment or other lien be placed upon or Obtained against the property of the PuteM1sn, or mid panic in or n a mutt ofsuch ..its or o0mr pm di. , she Seiler will at once rouse the same to be dissolved and disclurgod by giving Food or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without lim ittion, th< Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant themo. Revised 07nO14