HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147489PO
PURCHASE ORDER 914748er Page
C117f of PURCHASE
9147489 1012
' `t Collins
ns This number must appear
` v on all invoices, packing
sli s and labels.
Date: 12/18/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
`* CIS "
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 N. College, Conifer to Willox
Invoice #66640
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.mm
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
57,115.81
115.81
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By sutum the City of Fm Collins is exempt fmm state and local axes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000582 is registered with the Collector of
Failure acidic Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to
Imental Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39Q6, 114 (a).
exercise any rights or remedies provided herein or by low, failure to promptly notify the Seller in the event of a
breach, the accepmnce of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to deer sperifmtions, either when shipped or due m defects of
any of tM warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the
damage in baccol, may be rnumed to you for credit and are me on IN replaced except upon receipt of written
Porehaser to insist upon strict performance hereofor any of its rights al remedies is to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or incepted, as to any prior or subsequent default hereunder, nor, shall any purported
am[ modification or remission of this purchase order by the Purchaser operate as a waiver of any of the morns
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the remhavdiu, services or cquipmrnt in respoae to this order cm result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
muthorired payment an the pm of the City of ran Collins. However, it is to be mastermind that FINAL
Seller and the Purchvser recognise that in nsWe[ economic Pmeritt, ovemhmrges mission, from mart.,
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violation, are in fact home by the Purchaser. Theretofore, for good cause and in consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., non Collins, CO 80522, unless
acquired under federal or stale antitrust laws for such overcharges relating to the pmticam goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pmduver pursuantto this pumhau order.
bill most ecmmanv invoice. Additional chances for rusekw, , will ran b, sommted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deductel fmm Invoice when
shipments ate made fmm greater distance.
Permits. Seiler shall procure at sellers sole cast all necessary permits, mitiflcales and licenses timpanist by all
applicable laws, regulations, ordinances and rules ofthe state, municipality, terrilory or Political subdivision where
the walk is perforated, or required by any other duly Combined public militarily having jurisdiction over the work
Of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss
incurred by them by reason of m asserted or established violation of any such laws. regulations, ordimraces, roles
and ocquirements.
Authorisation. All parties to this contract agree that the representatives au, in fact, bons fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits compeece to the means and conditions stated
herein set foM and any supplementary or additional terms and conditions annexed hemm Or incaryoar m be,am by
reference. Any Militia.[ or difform, arms and renditions proposed by sailer are objecled to 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 and performance must he eReded within the time
stated oa the purchase order and the documents mtmhed hereto. No acts of the Purchasers inclman , without
limitation, acceptance of psaml late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option mplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall no, be liable For damages as a result of delays
due m muses not reasonably foreseeable which art beyond its reasonable control and without its full of negligence,
such arts afGusk aces of civil m military authorities, goo mmental primates, Eris, strikes, Band, apideram , wars or
riots provided Nat retire of the Conditions cousin, such delay is given or the purchaser within Eve (5) days of the
time when me Seller first received knowled&e thereof In the an, of any such delay, the Clam of delivery shall Its,
extended blithe period equal lathe flins.'ardly lost by reason ofthe delay.
3. WARRANTY.
The Seller wamnIx that all goods, articles, materials and work covered by this order, will Conform with applicable
drawings, specifications, samples sndtor other descriptions given, will be fit for the pdposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for walk of a
similar nature. The Seller agrees to hold the purchaser hornless from any lass, damage or expense which tire
Purchaser may suffer or incur on mmmt of the Sellers breach of waranty. The Seller shall replace, repair or make
good, without Cost m the Purchase, any defects or faults raising within oa (I) year or within such longer peied of
little as may be prescribed by law or by the tomes of my applicable wormnry provided by the Seller after file date of
acceptance of the goods famished hereunder (acceptance rat to be unreaumbly delayed), mulling from imperfect
or defective work done or materials famished by the Seller, Acceptance or use at goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability M1ereander shall cxtead to all damages parar a cly roused by the breath of my of the foregoing wannownes
or guarantees hot such liability shall in no Carer include loss ofp.fita or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the team, other than Intl temr, including additions to or deletions win
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the lime of,terfoamance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinm change meet, terminate this agreement as to any or all proions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits tar the uncompleted
portion of the goads and/or work, for incidental or mmryuemial damages, and that no such adjutown be made in
favor of the Seller with respect to any goods which we the Sellers sardae stork. No such re ainei— shall relieve
the Purchases or the Seller of any of their obligations or to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) treys from the date the change or tmmiaation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warren¢ that all goods sold hereunder shall have ban produced, said, delivered and furnished in strict
omplimax, with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this chareeter are hereby incorporated herein by this reference. The Seller agrees to
wdemnify and hold the Purchaser homeless fmm all Casts aed damages sufrered by the Purchases as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due Or to become due hereunder without rate
prior wrinen consent of the not peal
10. TITLE.
The Seller warmnls full, clew and unnumbered title to the Purcham for all equipment, materials, and items famished
in performance of this agreement, flee and clew, of any and all limn, restrictions, reservations, wearily mlerew
encumbrances and claims ofodaem,
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious meum mailable to it, and the Seller shall pay all
costs wousla ed with such work.
The Seller shall release the Pumhaur and its contractors of any tier fmm all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
directors, officers and employees ofsuch party.
The Seller's commetml obligations, including warranty, shall not ha Claimed to be reduced, in any way, because
such work is perfomaed or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, mmerial or process covered by lear, plant. trademark
r copyright. the Seller shall indemnify and save hamless the Fu chaser f any Not all claims for infringement
by reeun of the use of such par eared demgm, device, material or process in cormlion with the contract, and
shall indemnify the Purchnser for any cost, expense or damage which r may be obliged to Pay by rwmn of such
infringement at any time during the prosecution or after the completion of the work. In cam said equipment. or
my pan thereof or the intended sex of the goods, is in such suit held to Constitute infringement aM the use of
said equipment or pan is enjoined, the Seller shall, al its own expense aM at its option, either procure for tM
Pmchaser me right to Carol. using said equipment or parts, replace the more with substantially equal but
noninfringing equipment, or modify it an it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become resolved at markno . nuke an assignment for fine benefit of creditors, appoint a
or trustee for any of the Sellers pmpeny or business, this order may formwiN be canceled by the
Purchaser without liabiI ity.
16, GOVERNING LAW.
The definitions of terms need or the intamrstatim of the agreement and the rights of all ponies hereunder shall be
mmrked under and goverved by the lass ofthe State of Colorado. USA.
The Following Additional Conditions apply only in Gazes where the Seller is to perform work hereunder,
including the services of Sellers Repr senmtive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk mail the same is Silly completed mud accepted, and shall.
in u of my accident, destruction or injury on, the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials
aM equipment are famished by others for installation or erection by the Seller, the Seller shall receive, minted,
snort and handle same or the site and become responsible therefor as though such mmenaks and/or equipment
wen, ping perished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his owe expense, 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 purchase order,
endlor to thew dependent in mrnNancc with the laws of the sure in which the work is to be came. The Seller
shall also eery comprehea ve general liabihif includin& but not limited to, enntrmnual and automobile public
liability insurance with bodily injury and death limits of at least S30TX0 for any one person, S500,000 for any
one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his
contractors, if any, to provide for such compensation eed wsurmce. Before any of the Sellars or his contractors
employees shall do any walk tipmn the rremim, of miters, the Staler shag fumuh the Puurchaser with a certificate
that such compensation and assurance have been provided. Such Certificates shall specify the date whin such
ampenson. aril insurance have ban provided. Such exonfiwas shall specify the it.,. when such Compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mainmined unlit after the
entire work is completed and incepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seiler hereby assumes the anon, responsibility and liability for any and Col &..,a, lass or injury ofany kind
or nature whatsoever to persons or proper, caused by or resulting from the execution ofthe work provided farm
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
r all of the Furthaurs Officers, agents and employers fmm and .,a. any and all claims, losses, damages,
Charges or expenses whether direct or indirect, and whether no persons or pmpany rat which the Purchaser may
be put or majat by season of any ac, action, neglect, emissim or default m the Few of the Seller, any of his
contractors, or any of the Sellers or Comamors officers, agents or employees In eau any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, aeglem, omission or default of the Seller ofany of his contractors or any of its or
their officers, agents or employes m aforesaid the Seller hereby agrees to mstme the defame thereof and to
defend the same or the Sellers own expense, an Pay any and Col cents, charges, mrameye fees and other expenses
any and all judgments Bat may be incurred by or obtained against the parallel or my of ins or thew oRcars,
agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon ar
obtained against the property ofthe Purchases, or said parties in or as a result ofsuch suits 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 dull take dl safety pucmtior s, famish and install all guards acessvy for the ptnxntion of
incidents, comply with all laws and regulations with regard by saftyy including, but without limitation, the
Occupational Safety and Hwlth Act of 1920 and all roles and regulations issued pursuant thereto.
Revised 02I2014