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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3214064 (2)PO PURCHASE ORDER 321406er Page C117/ of PURCHASE 14064 1 of 2 Flirt Collins( his number must appear :-\V`I ` V " , 1 on all invoices, packing sli s and labels. Date: 12/10/2014 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: 12/10/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description """r'r"y UOM Unit Price cxienuea Ordered Price 3 Addendum to add additional 1 LOT LS 40,000.00 funds per req 48860 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 Pay terms net 30 days Invoice Address: 00] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIM. Tax exemption. By statute the City of Fort Collins ¢ exempt from state and local taxes. Our Exemption Number is 98-04502. Frdeml Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collaor of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sermon 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS RU FETED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of writes instructions from be City of Fan Collins. inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Racqu of the merchandise, savaires or equipment in respome to this orda m mull in authorind payment on the pan of the City of Fan Collins. However , it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Perms. Shipments must be TO City of Far Call ins, 700 Wood St., Fort Collins, CO 80522, unless olhrrwits spec fiel on this order. If permission is given m prepay freight and charge separately, the original freight bill must accomoanv invoice. Additional churns for mekina will not be accented. Shipment Distance. Where manufacturers have distributing points in sonsione, parrs of the country, shipment is expected from me nearest distribution poi. to destination, rud excess freight will be deducted from Invoice when shipments am made fro. greater disance. Permits. Seller shall procure al sellers sole cost all na., permits, cemfiwtes it licroses required by all applicable laws, regulation, ordinances and roles of the slam, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over Or 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 as asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Amlanimtion. All patties to this contract agree Out the representatives are, in fa, boa Fide and possess full and complete authody to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition Owed herein act fool aud any supplementary, or additional terms anal condition annexed hereto or incantational herein by reference. Any additional or different tams and condition propomd by seller are objated to and herebyrejMN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canner make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and per[orsomic most be efreacd within the time stand ea the pmchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemn as a waiver ofthis provision. In the event army delay, the Purchaser shell have, in addition to ether legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyoud its reasonable control aud without its fault ofnegligence, such ace ofGad, errs ofrivil or military au lawfi ics, gmemmmal prim ors, fires. stoke; Rood, al idemiq wars or riots provided Oar novice of Ue coudition aping such delay is given m the Prochaska within five (5) days of the time when the Seller first received knowledge Uerrof In the ever of my such delay, the date of delivery shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples andur other descriptions given, will be fit for the purposes intended, and performed with be highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella ogres to hold the pumhaser harmless from any loss, damage or experce whicb the Purchaser may sufrer or incur on account of TO, Severs bleach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, my defects. faults arising within me (I) year or within such longer period of time as may be preacdbed by law. by the Wank ofmy e,liable wartamy provided by Ore Sella after the dare of acceptance of the goods furnished hereunder (acceptance not to be unleaernably delayed), resulting from imperf st or defective work done or matmaB fiunished by the Seller. Acceptance or use of good by the Purchaser shell not constitute a waiver of any claim under this wamanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately ...it by the beach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal harms by written change order. 5. CHAd GES IN COMMERCIAL TERMS. The Purchaser may make any changes to the wma, other than legal terms, including addition to of deletions tram the quantities originally ordered in the speciftentions or drawings, by verbal of written change order. If any such change afree. the amount due or the time ofped'oammce hereunder, an equitable adjuamem shall h mode. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement as to any or all potion of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgreas provided that the Purchaser shall soh be liable for any claims for anticipated public on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment b, made N favor of the Sella with respect to any goods which are the Sellers staMard soak. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to any goods delivered haremnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for Wjntmenl marl be aksenN within WOY (30) days firm the date the change or rermiariaa is ordered. 8. COMPLIANCE WITH LAW. The Seller warans that all good sold remainder shall have been produced sold delivered and fumishal in strict compliance with all applicable laws and regulation m which the goods are subject The Seller shall execute and deliver such dncumena as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify aud hold the Puuchner board. from all meu and daenagea suffered by the Punhaur as a molt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, lmnfe, at convey Us order, or any monim due or to become due hereulWer without the 'riot written mmem of she other prey. 10. TITLE. The Seller warrants full, dare and unrestricted title to the Purchaser for all equipment, materials, and items fumishad in performance of this agreement, free and clear of any aud all lien, mhicfion, leservmion, security interest encumbrances and claims cfothe is 11. NONWAIVER. Failure of the purchaser to .is, upon stria performance of the terra end conditions hereof, failure or delay, to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goads hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of Or moms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and Oc Purchaser mognire Out In actual account practice, .harges resulting from anlloust violation arc in Net home by the Purchaser. Theremfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or site antitrust laws for such m'erchargm relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or dal Live goods by a dale to be agreed upon by the Purchaser and the Srlleq and the Seller thermner indicates its inability or unwillingness to comply, the Fomhaser may wuu Or work to be permrmad by the most expeditious meals available of it, sm i the Seller shall pay all emu aasmiared with such work. The Seller shall release the Purchase and its mmmnors of any tier from all liability and claims of any aware mulling ham the pelformance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contmetnal obligation, including warmnry, shall not he deemed to b, reduced, in any way, became such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material in proress covered by letter, patent, trademark mr copyright, the Seller shall indemnify and save harmless the Purchaser from any it all claims for inGungaral by reamn of the we of such mounted design, devise, m.mal or process in corrects. with the cmtract, ab shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pan tmraf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equlprnum or pans, replace the same with substantially equal but naniNnnging equipment, or modify it sex it baomes noniuGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the bereft of eredimrs, appoint a rearifiver m rmstee for my of the Sellers property or biomass, this order may foMwith be canceled by rise Purchaser without liability. 16. GOVERNING LAW. The definitions ofterres nW or the interpretation othh agreement and the rights of all parties hereunder shall be condoned under and governed by the laws ofth Sate ofColarado, USA. The following Additional Condition apply only U caves where Us Seller is to perform work hereunder, including the smite, of Sellers Repremnmsive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers our risk it the same a fully completed and accepted, and shall, in cam of any accident destruction or injury to the work andior materials before Sellers final completion and acaptmre. complete the work at Sellers our expeam and to the satisfaction of the Purchaser. When mmcrials and equipment are fiunishW by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials enNor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease Ismailia, to its employees employed on or U coanation with the work covered by this purchase order, and/or b their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also earn comprehensive general liability including. bat not limited to, command and automobile public lability insurance voth bodily injury and death limits of at least S30o,min for my one person, $500,000 f nosy one incident and property damage limit per accident of 5400,000. The Seller shall likewise requite his contractors, iraw, to provide for such cooperation and insurance. Before my crew Sellers or has contractors employers shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificam that such compensation and insurance have ban provided. Such cenlficate, shall specify the dais when such compensation and inurance have ban Provided. Such cenificares shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be =trimmed until alter the entire work is completed and nccepted. , 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ea the entire mponsibiliry, and liability for any and all damage, loss or injury of my kind m tarure whosoever to person or Tommy mused by or resulting from the execution of the weak Provided for to Us pochase order or in mmalian herewith- The Sella will indemnify and held harmless the Purchaser mad any r all of the Purchasers oRcers, ui aM employees from and agaimat any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he Our or subjm by mown of any act, action, .glom omission or default an the pan of the Seller, any of his antra tors, or any of the Sellers or contractors officers, agents or employees. In case my mit or other proceedings shall be brought against the Purchases, or its officers, agents or employers at any time an account or by reason of any act, action, neglect, omission or default of the Seller of my of his contraon or my of its or their officers, agents or employees n aforeaid, the Seiler hereby agrees to assume the defense Cher and and m defend the acme at Ue Sellers own expense, to pay any anal rill costs, charges, atomeys fees and other axpenes, any and sell judgmma that may be incorrect by of morn 1 issmunl Ue Purchaser of my of its or their officers, egmu or employes in such miss or other placedUgs, and in cam judgmmt or other lies be placed upon m obtained against the property of Ue Ptachaur, or said partite in or as is taunt of such mits or other Proceedings, the Sella will o one cause the acme to be dissolved and discharged by giving bond or otherwise. The Sell, and his contractors shall sake all ufery pmaution, famish and install all guard nesesony for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised O112014