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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147494Fort Collins Date: 12/18/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " PO Number Page 9147494 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 I S. Shields & Westbury Invoice #66438 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 5,740.78 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 COMMERCIALDETAILS. Tax exemptions. By name the City of Fon Collins is exempt from sum and local nixes. Om Exemption Number is 98-01502. Formal Excise Tax Exemption Cenifcam of Regiury 84-6000587 is rcgincred with the Collector of Internal Revenuq Denver, Colorado (Ref Colorado Revised Satmes 1973, Chapter 39-26,1 M (a). Goods Rejected. GOODS REJECTED due to failure to meet spenfcations, either when shipped or due to defects of damage in transit, may Far resumed to you for coedit and are not as be replaced except upon receipt of written imtmctiam from the Cry of Pon Collins. Inspection. GOODS are subject to rise City of Fan Collin inspection an anvil. Final Acceptance. Receipt of rise merchandise, taxicca or equipment its mixture, is this order can result in mtlwri cal payment on the for of the City of Fan Collins. However, it ex at ha understood that FINAL ACCEPTANCE is dependent upon completion ofall applimble required impaction procedures. Freight Terms. Shipments most be F.O.B., City of Fan Collins, 1W Woad St., Fan Collins, CO 80522, unless otherwise specified on this order Ifpefmission Or given to prepay, fight and charge separately, the original freight bill muss acwmpany invoice. Additional charges for pocking will ant be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, add excess freight will be deducted from Invoice when shipments are made from .to, dinner. 11. NONWAIVER. Failure of the Purchaser f insist own trader Importance of the to= and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pramptly mbfy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wmmntirs or obliffi ion of this fr mbece, order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies res to my such goods, regardless of when shipped, received or accepted, as to my prior or subseyuend default Mrtunder, Our shall any purported oral modification or rcuission of this porches, order by doe Pmebaser operate as a waiver of my of the soma hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actml er is practice, overcharges resulting m mtionst violations are in fact same by the Purchaser. Theremfore,fon good cause and as eonsidemtion fro executing this purchase order, the Seller hereby auigna to rise Purchaser any and all claims it may now have in hereafter acquired under federal or stam arimut laws for such Overcharges relating to the particular goods or services purchased or reopened by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs wrovieled with such work. Permits. Seller shall pracum at sellers sole can all necessary permits, cenificams and licenses requird by all applicable laws, n,almimn, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or r ammul by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles cad regaircmmts. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION Or TERMS. This Purchase Order expressly limits scceptance b the terms and conditions stated herein set forth and my supplementary or additional mama and conditions annexed hereto or incorporated herein by refctence. Any additional or different terms and conditions proposed 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 as noted. Time is of the essence. Delivery and performance must to effected within the time stated on the purchase order and the documents reached herein. No acts of the Purchasers including, without limitation, acceptance of pmrial late deliveries, shall operate as a waiver of Nis provision. In the event ninny delay, the Purchaser shall have, in addition to other legal and equitable remedies, she option of pi cing this order cleewhem and holding the Seller fable for damages. However. the Seller shot[ not ha liable for damages as a result of delays due to causes not reassembly foreseeable which are beyond its reasonable crossed and without its fault of negligrossec, such acts of God, ram of civil or military authorities, govemmmnl priorities, fires, strikes, Road, epidemic, wars Or hots provided that wrice of the conditions coming such delay is given an no Purchaser within foe (5) days of floe time when the Seller first received knowledge therm( In the event of any such delay, she date of delivery shall he extended for the period equal f the time actually lost by renwn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, awards and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless font my loss, damage or expense which fivePurchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make god, without cast to the purchaser, any defer¢ or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable womanly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of 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 hereunder shall extend m all damages proximately caused by the breach often, of the foregring warranties or guaranters, but such liability shall in no event include loss afpmfits or loss of titre. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Icgal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. no Purchaser may make any changes to the temu, other than legal rem¢, including addowas to or deletions rim the quantities originally ordered in the specifications or drawings, by verbal or whom change order. If any such change wfire. the amount due or the time of lierfomwme hereunder, an equitable adjustment shalt ha made. 6. T ERMINATIONS. The Purchaser may at any time by written charge order, terminate Nis agreement ax m my or all portions of be, good men not shipped, subject to my equitable adjustment betxxen the mies ax to my work or mmmatis then in progress provided that the Purchaser shall Out he liable for my claims for anticipated profits on the uncompleted Erosion of the goods maim wod, for incider al or commitment damagq and ohm an such adjustment M ride in favor of ate Seller with respect to any goods which are the Sellers standard stock. No such nomination shall reline the Pamhzwr or the Seller priority offlon obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for djustmenl most be asserted within thirty (30) days firm dre date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have becn produced, sold delivered and fumished in stria compliance with all applicable laws and regulations la which the goods me subject. The Seller shall estrum and deliver such documents as may M required to effect or evidence compliance. All laws and regulations required to be ncorpommd in agreements of this character me hereby incaryomted herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers faiWre Ir comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other pray. Iff TITLE. The Seller warrants full. Near and unrestricted title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, bee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of orders. The Seller shall release the Purchaser and its commoners of any tier from AI liability and claims of any metre resulting from the performance of vvch work. This rdcase shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such P.M. The Sellers contractual obligations, including warranty, shall not be dermed to be reduced, in my way, account such work is safmmd or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for inGongem or by mason of the use of such pounded design, device, maternal or Enactor in connection with the mentmct, and shall indemnify the Purchaser for any con, expense or damage which it may be abligd to Ray by commit of such infringement at any time during the prosecution or after the completion of the work. In rase said repairman. or my pan thereof Or the intended use of the goods, a in such suit held to constitute infringement and rise us, of said equipment or pan is enjoined, the Seller shall, mils own expense ail at its .,than, either Pratmre far Ne Purchaser she right to continue using said equipment or pans, replan the same with substantially equal but nrninfdnging equipment, or modify it an it becomes notdnGmging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, male, an assignment far the benefit of creditors, appoint a receiver or truster for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The de0nitioaus of terms used or the intrapremfion of the agreement and the fights ofall Panics hereunder shall he command under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is as perform work hereunder, including the services of Sellers Repr,sencome(s), on rise premises of otbers. V. SELLERS RESPONSIBILITY. the Seiler shall sorry on said work at Sellers own risk until the same is fully complete and acceptor, end shall, in two of any accident, destruction ar injury as the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Famished by others far installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mNot equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational discourse benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance what the laws of the state in which the work u to be done no Seller suit also carry comprehensive general liability including, but not limited to, contractual and automobile public hand try imuri nce with bodily injury and death limits of at lean S300,000 for my one pawn, SSW,000 for my one accident and propmy damage limit per accident of Snian.". The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his comranon employees shall do my work upon the promises of others, the Seller sell famish the Purchaser with a confiner that such compensation and insurance have been prodded. Such confesses shall specify the date when such com ormotion and inurance have ban provided. Such cenifrotes shill spex the dote when such compensation and insurance expires. The Seller agrees Oat such compensation and insure me shall M maintained mail afer the entire work is mmplctd and mopool 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kid or nature wharsoc;m an persons or property roused by or resulting form the exaction of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purcumix oRcers, agrees and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhaur may M put or subject by reason of any act, acrim, neglect, omission or default an Ne pan of the Seller, any of his con msc ors, or any of the Sellers or contractors officers, agents or employees. In rose my suit or other proceedings shall be brought against ate Purchaser, or its oRcers, agents or employees at any time oa moron, or by reason of my net, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to art the defense thereof and in defend the same at Sellouts own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or standard against the property airline Purchaser, or said panics in or as a result of such 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 shall Like all safety precautions, famish and install all girds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therem. Revised W2014