Loading...
HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147487Fort Collins Date: 12/18/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS .. CIS .. PO Number Page 9147487 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Kechter/Timberline Intersect Inv. #66634 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 27,476.78 Total 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 L COMMERCIAL DETAILS. Tax exemptions. By smNte me City of Pon Collins is exempt from state and local boxes. Oir Exemption Number is 11. NONWAIVER. 9g-04502. Federal Excise Tax Exemption CM,ficam of Registry 84-6000587 is registered with me Collamr of Failure ofine Purchaser in insist upon strict performance of me terms and conditions hereof, failure or delay to Internal Revenue, Denser, Colorado (Ref. Coloured, Revised SmNl6 1973. Chapter 39-26. 114 (ay exercise any rights or mmMies provided herein or by law, failure to Ferri notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder or approval ofine design, shall not release the Sella of Goods Rejected. GOODS REIECTED due to failure to meet specifications, rimer when shipped or due t0 defects of any of the warranties or obligations of this purchase order and shall not be demand a waiver of any right of the damage in transit, may be rammed to you for cards and are not to be replaced except upon r.i,l of written purchaser to insist upon strict performance hatu for any of its rights or remedies as to any such goods, rightness instructions from the City of Fad Collins. of when ship*, received or acceptud, as to any prior or subsequent default hereundeq nor shall any pumnned pool mod, faction or rescission of this purchase order by the Purchuer opaate u a waiver of any of the of. Inspection. GOODS are subject to the City of Fart Collins inspection on amval. hereof: Final Acceptance. Receipt of me merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, adomined payment on dw pan of me City of pots Collins. However, it is an be understood that FINAL Sella and the Purchuer recognize that in actual economic practice, overcommit, resulting from moment ACCEPTANCE is dependent upon completion prod applicable required inspection procedures. violations am in fact home by the Purchaser. Theretofore, for good course and as consideration for executing this purchase order, the Seller hereby assigns to the Promotion any rot all daims it may may, have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, umess acquired under federal or sate antitrust laws for such overehae se relating to the proundar goad or s aica otherwise specified on this order. 11"rmision is given to prepay freight read charge separately, the import freight purehesed or acquired by the Pmchas r pursuant to this purchase onion. bill must accompany invoice. Additional comma for peeking will Out v aecemed. Shipment Distance. Where manufacturers have distributing points in wriods, parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from lowere when shipments am made from greats distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cetficotes and Ilconses required by all applicable laws, regulations, midupows and roles effort ,are, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over me work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by ahem by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorisation All parties to this contract agree mar me representatives are, in fact, bow fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressty limits pro,danu to the terms and wMitions sound herein ser foam and mar suppdemwtary or additional terms and conditions annexed hinew or inew orated herein by reference. Any additional a dilf eat moots and conditions smposed by seller eat objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery end perfammnce most be official within the time sated oa the purchase order and the documents carried hereto. No acts of the Parckisers including, without limitation, acceptance of partial late deliveries, shall oparm u a waiver of beds provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of plating this order elsewhere and holding the Seller liable for damages. Ifowews, me Seller shut not be liable for damages in a result of delays due to causes not reaonably foreseeable which are beyond its masonable control and without its fault ofneglignme, such acts official, acts ofcivil or military authorities, governments] priorities, fires, strikes, flood, epidemics, wars or nods provided flat notice of the canditiom cats ing such delay is given to the Purchuer within five (5) days of gre time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery slash be extended for me period equal an the time morally lost by prawn ofine delay. 3. WARRAWY. The Seller warrants that all goods, antes, materials and work moment by this maker will conform with applicable du amp, specifications, samples and/or other descriptions given, will be If 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 harmless from any loss, damage or expense which me Purchuer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of me goods fumished remainder (acceptance not to be unreasonably delayed), resulting tram imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall per mandate a waiver of any claim under this sompaq. Except as alrowise provided in this purchase order, the Sellers liability hefeunde, slash extend to all damages ppro mamly caused by the breach of any of the foregoing wuNmies or gmammees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchuer may make changes by legal aeons by written change coca. 5. CHANGES IN COMMERCIAL TERMS. Thc Purchuser may make any changes to the terms, other than legal terms, including additions to or deletions Ram the quantities originally ordered in the specifications or drawings, by verbal or written change order, If any such change officers the amount due or the time or performance hereundeq an equitable adjustment shall he ,mile. 6. TERMINATIONS. The Purchaser may at any time by wtnen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials men in progress provided that me Purrehoser shall boor be liable for any claims for anticipated profits an me uncompleted portion of the good aalior work, fro incidental or apse uenfial damages, and flat no such adjustment be made in favor of the Seller with rapeef to any good which are no Sellers standard stock. No such termination shall relieve the Purchaser, or me Sella of my orison, obligations m to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be named within th,my (30) days room the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations per which the good ere subject. fie Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchuer hatmless from all costs and damages sumesed by the Purchaser as a fsult of the Sellers failure to comply with such Law. 9. ASSIGNMENT. Neither Parry shall assign, mobster, or convey this area, or any amnia due or to become due haeundef wal our the pdor whom consent of the other party. 10. TITLE. The Seller materials full, clear and upprempoted tide m the purchaser for all equipment, materials, end it. Pomished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and daims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to ..or nonconforming or defective goods by. date 10 be .,rend upon by the Purchaser and the Sella, and the Sella thereafter indicator its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs surprised with such work. The Seller shall relarm the Purchaser and its contractors of any tier from all fiabil icy and claims of my nature resulting from the performance ofsuch work. This release skill apply even in the event of fault of negligence of the put, released and shall extend to me direcmrs, aRern and employees of such parry. The Sidles contractual obligations, including warranty, shall Out be deemed to by reduced, in any way, became such work is performed ar chased to be performed by me Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process mverd by letter, Patent, trademark or copyright, robe Seller shall indemnify, and save harmless the Purchaser tom any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the conduct, and shall indemnify the Purchown for any cost, expense or damage which it may be obliged to pay by reason of such inb,ngement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and 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 com,nue using said equipment or pans, replace the same with substantially Orion] but noninfting,ng equipment, or modify it in it becomes saminfrnging. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make sup a dignmem for %e benefit of creditors, appoint a receiver m trustee far an, of me Sellers property or business, this otef may forthwith be canceled by me Ptuchua without liability. 16. GOVERNING LAW. The definitions Orrefors usad or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and 6pearod by the laws of the Sate of Cmamdo, USA. The following Additional Conditions apply only in cases wham the Seller is to perform work hereunder, including the services of Sellas Represenpittwoo, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, n case of any accident, destruction or hour, to the work and/or materials before Sellers final completion and acceptance, complete the work at Settees own expense and to the satisfaction of me Purehwser. When materials and equipment art Rumored by tamers far installation ar erection by the Sella, the Sella slnll remove, Wood, score and handle more at the site and become tcspnnsible therefor u though such materials cost eqtopmead wen, being Ratified by she Seller under the coda. 18. INSURANCE. The Sella shall, at his own expense, provide rat me payment of workers compensation, including compound disease bene0rs, to its employees employed on or in connection with the woo covered by this purchase order, and/or m their dependents in accordance with the laws of the spite in which the work is to be done. The Sella shall also carry comprehensive general liability including, but nor limited to, commcteal and automobile public liability insurance with bodily injury and death limits oral lent $300,000 for any one person, $500,000 for any one occident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors if coy, to provide for such compensation and insurance. Before any of me Sellers or ]its contractors employees skill do any work upon me premises of others, the Sella shall Nmish the Purchaser with a certificate that such compensation and insurance love been provided. Such mnificmes shall specify the doe when such compensation and insurance have been provided. Such cenificates shall specify me date what such compensation and insurance expires. The Sella agrees flat such compensation and maxa ce shall be maintained until after the entire work is completed] and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aunmes the more responsibility and liability for any and all damage, loss or injury army kind or nsture whatsoever to pavers, or property coved by or resulting farm me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless she Purchaser and any r aft of the Franchisers officers, agents and employees form and against my and It claims, ].a., damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Pumhaser may be put or subject by reason of any at, notion, neglect, omission or default on the pan of the Seller, any of his contractors, or any of me Sellers or contractors onicers, agents or employees. In case any suit or other proceedings shall he brought against me Purchuer, or its officers, agents or employees at any time on account or by reason of any set, wrier% neglect, omission or default of the Seller of any of his contractors or any of its or their offimrs, .gents or employees is aforesaid, the Sella hereby agrees to resume me defense therm( and to defend the same at me Sellers own expense, to pay any and all costs, charges, zunmeys fees and other expenses, any and all judgments flat may be inured by a obtained against the Purchaser or any of its we their officers, agents or employees in such suits or omer proceedings, and in case judgment is, other lien be placed upon o chats ed again, fed property, ofine permission, or said panics in or is a resin, of such wits or omer proomilde sr the Sella will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall fake all safety precautions, fumuh and doing all goods necessary for the privation of accidents, comply with all laws it regulations with regard to safety iodudng, but without limitation, the O enapstional Safety and Health Act of 1970 add all roles and regulations issued pursuant therein. Revised 072014