HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147447PURCHASE ORDER PO Number Page
City, of PURCHASE
9147447 1012
F/' rt ( OI lI ns This number must appear
/�„!-\V`I ` V ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 12/17/2014
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: 12/17/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
PATCH WORK STOVER/PROSPECT
66603
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
Total
Pay terms net 30 days
Invoice Address:
58,118.49
1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order •1'emis and Conditions
Page 2 of 2
1. COMMERCIALDEFAIIS.
Tax exemptions. By smarts the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Comiticate of Registry 84-6000587 is registered with the Collector of
ILNONWAIVER.
Failure of the P'norm er to insist upon smet performance of the terms and conditions hereof, failure Or delay so
latemat Be-.-. Denver, Calomdo (Ref. Colorado Revised Statmes 1973, Chapter 39-26.114 (a).
exercise any rights or remedies provided herein or by raw, failure to promptly notify the Seller in the event of a
beach. On accepmntt arm poymml for good hereunder Or approval ofNe design, shall Out release the Seller of
Goods Rejected. GOODS REIECTED due to failure to mete v su featims, either when shipped or due to defects of
any of the worami, m obligation of this purchase order and shall not So deemed a waiver Of any right of the
damage in transit, may be Paumed to you for credit and are not to bs replaced except upon receipt of written
purchaser to insist upon said pert trance hereof or any of its 11g116 or remedies as to any such goods, regardless
imanuctions from the City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oat mciFfir tion or rescission of this purchase order by the Purchaser operate az a waiver of any ofNe terror
Inspection GOODS sre subject to the City ofFort Collins inspection on arrival.
here(.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthorizid payment oa the an of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anti nst
ACCEPTANCE is dependent upon compliion of all applicable required inspection procedures.
violations are in fact Nome by the Purchaza.Theretofore, for good arse and an consideration for executing this
purchase under, the Sella hereby assign, or the Purchaser any and all claims it may nmv have or hereafter
Freight Terms. Shipments most be, F.O.D., City of Find Collis, 700 Wood St., Fair Collins, CO 80522. unless
acquired under (Weal or such, antitrust laws far such overcharges relating to On particular grads or services
otherwise specifi W on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany imomm. Additional charges for Packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.da ONS.
Shipment Distance.Where manutionPi havedaNbuting Points spans ofthe country, is
the Sella to correct nonconforming or de&ctlyegoodbyadate to beegredupon
Pserand
Imoimrnr
expected from the nearest distribution point to dwtiwtion, and execs freight will M deducted from Invoice when
Purchase end the Seller, and lsoor
Purchaser me Seller Sellerythereaftermemos indicates its inability a unwillingness m comply,
shepmens are made from greater dismnce,
t[ payer
shot[
may muse the work to be perk reed by the most expeditious means available m it, and the Seller shall pay all
rat
crsu associated with such work.
Seller shall procure and licenses required all
sellers sole cost all necessary permits,y.
Parmat,
w
,d political subdivision where
applicable saes, pndand, os, ordirmnc, and roles of the state,
applicable
The Seller shell ease Ne Purchaser and its contacmrs army Par form all liabiliry and claims of any mwre
having jurisdiction over work
cut orititory in
by any other duly Fort icted public authority
d Public
the wad ¢pelf ed, or rerees
resulting from the performance ofsucM1 work.
a
1 from an
in vendor Sella tuner agrees m hold the City of Fan Collis harmless Rom and against all liabiliry and lass
tent dean by reason of nn assorted or established violation of any such laws, regulations, ordinances, roles
dais release shall apply even ethe event of (snit of negligence of the Parry mleazeJ and shall extend m the
re
and requirements.
directorslBrs , oceand employees of such laity.
Authorization. All pant, to Nis contract agree that the represrnUtiva are in fact, bona fide and possess full and
complete authority to bind said parties.
LIM[I'ATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and anditinas stated
herein set forth and any supplementary or additional crow and conditions Praised hereto or incorporated herein by
re&prnce. Any additional or Office l a. and conditions pnpesnd by miler ere objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your
promised delivery date as noted, lime is of the ,seism. Delivery and performance test be ¢Rated within the time
stated on the purchase order, and the do annals strache l herein. No arks of the Purchasers including, without
limimtim, acceptance ofpedwl late deliveries, shall aperam ax a waiver of this provision. In the event of any delay,
the Purchaser shall have, is addition to other legal and equitable remedies, be option of placing this order elsewhere
and Imldi ng the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not mamnably foreseeable which am beyond its reasonable control and without its fault of negligence,
such arts of God, acts ofavil or military andomlm, Sovemmental priorities, f , strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing tech delay is given to the Purchase, within five (5) days of the
time when the Seller first received knowledge thereof. In the went of any such delay, the data of delivery shall be
extended for the period equal to the time actually last by mason of the delay.
3. WARRANTY.
The Seller warrants that all goods, aniel,, materials and work covered by this order will conform with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, vad
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar namre. Thc Sella agrees to bold the purchaser harmless Dam any loss, damage ar mpeme which the
Purchaser may suffim m wear an araual ofNe Sellers breach ofwat The Seller shall apsaze, repay m make
good, without test m the parchroa, any defects or faults arising within one (1) year err within such longer Period of
time as Piny be prescribed by law or by the terms of say applicable womanly provided by the Seller One, the dale of
acceptance of the goods famished hereunder (acceptance nor mod unreasonably delayed), resulting form imperfect
or detective work done or m ommals f ohed by the Sella. Accepance or owe of goods by the Purchaser shall not
cmutimte a waiver of any claim under this wznmry. Except us otherwise provided in this wrchass room, the Sellers
liability hereunder shall extend to all damages proximately caused 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 SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may broke changes In legal meson by wfinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the arts, other than legal terms, including additins to a delsoms, from
the quantities odgrndly ordered in the specifications or drawings, by vernal or written change under. If my such
change affects the amount due or the time ofPaformance, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
TM Purchaser may at any fire by wO m change order, Nrmirure this agreement u to any or all Famous of the
goods Our not shipped, subje m to any equitable adjustment Imposed the panic az m my work m materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
pomion of the good and/or work, for incidental or consequentiol damages, and Nat no such adjustment be made in
favor of the Seller with respect to my good which are the Sellers standard stuck. No such Lamination shall relieve
the Purchaser or the Seller ofany of their Obligations as to any goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aimed med within thim (30) days form the date the change or termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrmis rhea all good sold hereunder shall It.. been produced, sold, delivered and famished in trier
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and
deliver such documents m may be required to effect or aidence compliance. All laws and regulations required to be
incorporated in agreements of this charamer sure hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Pnrchacr hannl,s from all costs sd damage suDcred by the Purchaser ss a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall msi,. man m , m marry Nis river, or my mufti, due or 1w become due hereunder without the
prior wrmen cametit art, other party.
10, TITLE
The Sella warranm full, clear and um,bcted title to the Purchaser for all equipment, materials, and items fumishnd
in Performance of this agreement, f and clear of MY ad all liam, rewtridom, ane "down- summary interest
encumbrances and claims ofotli
The Sellers mnrracrual obligations, including warmmy, shall not be decmnd to be reduced, in any way, because
such work is ped'ommd or emend m be performed by 6e Purchaser.
14. PATENTS.
l iftan, Ne Seller is required to use any daigre, device, macrial mproass esweml by lean Parent, trademark
or copyright, the Sella shall indemnify and save harml,s the Purchaser from any and all claims far immi omem
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 cost, expense or damage which it may be obliged to pay by reason of such
wmngement at any time during the prosecution or after the completion of the work. In rase said equipment, or
any Pan thereof or the intended um of the good, is in such suit held m consOmte inRngemeat and the am of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its op6m, nNer procure for the
Purchaser the right to comma, using said animpmmr or pans, replace the same with substantially equal but
noun rOnging equipment, or modify it sec it becomes nuninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an budg erao for the benefit of aedintrs, appoint a
receiver or mutes for any of the Sellers property or business, this order may fonLwith be canceled by the
Punctuates without liability.
16. GOVERNING LAW.
Thc definitions of it. used or the interpretation Mine ageemenl and the rights of all pant, hereunder shall be
construed under and gavemed by the laws of the State of Columdo, USA.
The following Addiumul Conditions apply only in carsones where the Seller is mu perform work haeandeq
including the services of Sellers Represenetive(s), on the premises trader,
17. SELLERS RESPONSIBILITY.
The Seller shall cony oa said work a1 Sellers own risk until the same is fully complains and accepted, and sball.
in rats or any accident, destruction or injury m the work adrm materials before Sellers final completion and
responses, complete the .,it at Sellers oen expense and to the satisfaction of the Purchasa_ When materials
and equipment are fumuhed by others for installation or erection by line Seller, the Sella shall receive, whord,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seller soda the order.
18. INSURANCE
The Seller shall, at his awn experts, provide for the payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchaze order,
and/or to their dependents in accordance with the laws of the stain in which the work is to be done. The Seller
shall also any mmPtebrnwive general liability including bur not limited on. cantmcwl and automobile public
liabiliry insurance with badily injury and death limits of at leazt S30o,000 for any one person. S500,000 fin any
accident and property damage limit per accident Of S400,000. The Sella shall likewise require his
contractors, irony, to provide for such compensation and Primates, tes, Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Punchaer with a certificate
Out such compensation and insurance have ban provided. Such carifientes shall specify On date when such
compensation and insurance have ban provided. Such certifiml, shall specify me dam when such mmperrsmion
and insurance expire. The Seller agrees that such compensation and promote shall be maintained assail after the
entire work is complied and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby wasum, the entire respornibiliry and liability for my and all damage, loss or wjury ofany kid
or nature whnBaverto persons or property caused by ar manning form the execution of the work provided for in
this purchase order Or in connection herewith. The Seller will indemnify and hold harmless the Purchaw, and any
r all of the Franchisers otheers, agents and employees firm and against my and all claims, loss,, damages,
charge ar caucuses. whNrer direct or indirect, eel wheeler m person m Property to which the Purchaser may
be put or subject by promo of my art action, neglect, omission or default an me Item of the Seller, any of his
contactors, or any of the Sellers or mntmctors officers, agents or employees. In cast any suit or miter
proceedings sholl be bought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of my net, action, neglect, omission or default of the Seller of my of his contactors or any of its or
their -Blood. agrnts of employers ss aforevid, the Sella bat agrees m assume the defense thereof and to
defend the same at the Sellers own expense, W pay any and all vests, charges, anomeys Res and other cxpens,,
any and all judgments that may be inured by or obtained against Line Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgmem or other him od placed upon or
obtained against the prepemy of me Purchauq or said panics in or as a result of such suits or other pmcendcap,
On Seller will at watt muse the same to be diwwlvW and discharged by giving hod or abandon. The Sella and
his mnBMmors shall miss all safety peamtios, furnish and imrall all gi nrd annessvry for the Invention of
accidents , comply with all laws and regulations with regard or safety including, but without hmietiom the
OwWatioml Safety and Health Act of 1970 and all roles and regulations issued parsuam themo.
Revisal 07R014