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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147546130 PURCHASE ORDER 914754er Page City of PURCHASE 47546 1 of z ' `tCollins( Thisnumber must appear V " on all invoices, packing sli s and labels. Date: 12/22/2014 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: 12/22/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Street Oversizing Annual SOS traffic lights 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@fogov.com 1 LOT LS 61,904.77 Total $61,904.77 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins h exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerificale of Registry 84fi 589 u registered with the Collmtor of Failme of the Furchiser to insist upon whist performance of the from; mad conditions hereof, failure or delay to Intemal Revenue, Drover, Colorado (Ref. Colorado Revised Statmes 1973, Chapter 39-26. 114 (af cacreise my rights or remedies provided herein or by law, failure to promptly comfy the Seller in the event of a breach, the acceptance ofor payment for goods hccruMer or approval of the design, sledI Out release fire Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifwtimass, either when shipped Or due to defects of way of the warranties or obligatiom of this purebue order and shall tat be decimal it waiver of any right of the damage in transit. may her resumed to you for credit and art not m the replaced except upon receipt of woven purchaser to insist upon strict Performance hereofor any pries rights ar remedies an to any such good, regardless instructions form the City appear Collins. of when shipped, received or accepted, m to any poor or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the purchaser operate m a waiver of any of the terms Inspection, GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Arcepower. Receipt of the merthandise, services or equipment in response to this order war result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize for in actual m.ic Practice, ovarhwgci twilling form aativust ACCEPTANCE is dependent upon mmpleionofallapplimble required inspection procedures. violations arc in fact home by the Purchaser. Thereof ,for goad come and ns consideration for executing this purchase rimer, We Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state account laws for such overcharges ration, to the swicular 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 Purchaser pursuant to this purchase order. bit most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manafismat have donibuting points in various Wn; of due country, shipment is If me Pumbsar directs the Seller to correct nonconforming or defective good by a dare to be agreed upon by the expected from the nearest distribution an to destiwtim, and excess freight will be deducted farm Invoice when pumhater wad the Seller and the Seller Weresfter indicates its inability or unwillingness to comply, the Pumbaur shipments are made from greater distance. may cause the work to be performed by the most expeditious means available In it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Fannin, certificates and licenses required by all applicable laws, regulations, ordinances and -]us Of the store, municipality, territory, or political subdivision where the work is performed, or requital by any other duly constiluled public authority havingymmdiction over the work of vendor. Seller further agrees t. hold the City of Fort Collins hanness tom and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, o dioonces, rules weed requirements. Authoritarian. All ponies to this contract agree that the representatives art, in fact, Was fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and cumblions stared herein set but and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any x1hu sal or different rams end conditions proposed by seller art objected m and hereby njecred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if you cannot make complete shipment o arrive on your promised delivery date as noted. Time is ofthe eserce. Delivery and performance most be effected within the time stated our the purchase Omer and the documents amached hereto. No acts ofthe Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchase, shall have, in ack ilion to other legal and equitable remedies, the option ofplaoi, this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages m a result of delays due in muses runt reasonably foraarable which ate beyond its reasonable normal and without its fault of negligence, such acts of Gad, acts of civil or military, authorities, gmemmenlal Prionrias, fires, strikes, Rood, epidemics, wars Or rio s provided that satire of We conditions musing such delay is given to the Purtbmar within five (5) days of the time when the Seller fiat received knowledge thereof.. In the event of any such delay, the dte of delivery shall be extended for the period equal W the time actually lost by crown ofthe delay. 3. WARRANTY. The Seller wamaair that all goods, articles, materials oral work covered by this rimer will conform with applicable drawings, specifications, samples and/or whor descriptions given, will be fit for the Pprpases intended, and pafomated with the highest degree of care and compaame in acrordaoce with mceperd standard for work of a similar ratwm. The Sella amees in hold the purehaer Internal. from any loss, damage of expersu which We Purchaser may sufferer roam on account ofthe Sellers breach ofwarranty. The Seller shall replace, mimetic make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time to may be prescribed by law or by the tarns of any applicable warranty provided by the Sella after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfml or defective work done or materials furnished by the Seller Acceptance or use of good by We Purchaser shall not mmsfimte a waiver of any claim undo this wamanty. Except u otherwise provided in this prrc fixer order, the Sell — habit ity hereunder shall extend to all damage proximately caused by the brooch of my ofthe foregoing warrantim or guarantors, but such liability shall in no event include loss of For fits or loss of me. ND IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The pwmhaser may make any chanties so dce la—. adur IMn legal saw, including addiu or delelimu from the quantities originally ordered in the specifications or drawings, by verbal or written ch inge maker. If any such change agree. the amount due or the time ofpedoamance hecrunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchmer may at any time by written change order, maturate this agreement m to any or all portions of the good then not shipped, subject to any equitable adjustment between the Wnies m to cony work or materials then in progress provided fast the Purchver shall trot be liable for any claims for anticipated Profits on the uncompleted portion of tiro ,nod and/or work, for incidental or cmaequcntiwl damages, end that no such ndltaamml be made in favor ofthe Sella with respeeuo my good which ware the Sellers sandm stock. No such termimtmer shall relieve the Purchaser or the Seller ofany of thin obligatiom as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) dap from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wartanrs df all goods cold hereunder shall have been produced, sold, delivered and famished in ;via compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncoryomted in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, to nsfer, or convey this order, or my monies due or to became due hereunder without the Prior waives content ofthe orher Forty. 10. Till The Seller warrants full, clear and considered title to the Purchaser for all equipment, mammals, and items famished in performc a of this agreement, free and clear of any and all lieu, restrictions, reservatiam, ;aunty interest encumbrencesand claims of others. The Seller shall release the Purchaser and its contractors of any tia from 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 parry released and shall extend to the directors, officers and employees of such parry. The Sella's mmractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work Is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, awterial or process covered by letter, patent, trederawk or copyright. the Seller shall indemnify and save harmless the Purchrow from any and all claims for infringement by rersm of the fou of such patented design, device, material or process in contraction with the contract, real shall indemnify the Purchaser for any cost, expene or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any poor thereof or the intended use of the good, is in such suit held to corporate infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but comminuting tyuipram, or modify it so it baomes noninGauging. IS. INSOLVENCY. If the Seller shall become imolvent or baaWcpa, make an assignment for We thermal of creditors, appoint a reaseaver or flaw Sel trustm for my of fllers property or business, this forthwith may fowith be canmled by the P nchmwitho ut ut liability. 16. GOVERNING LAW. The definitions of terms coed or the interpretation ofthe agreement and the rights of all parties hereunder shall be roretmcd under and governed by the laws ofthe Spite ofColo wle , USA. The following Additional Conditions apply only in cases where the Seller is ro perform work hereunder. including the services of Sellers Rryrosenmtice s). on the Premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk unlit the same is fully completed and accepted, and shall, in au of any accident, destruction m injury W the work andsor materials before Seller's firul completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Porchater. When =t at and equipment ere fumislad by others for installation or erecom by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials endear equipment wee being fcrishnd by the Seller unda the under. H. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including ma, antral disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which We work is to be done. The Seller shall dun wary wmpreb resew. Bm¢ml liability includin, bur runt limited In,, eonrxawd and amomnbile public liability insurance n9lir bodily injury and each limits arm least $30 ,M for any one person, 5500,000 for my com accident and property damage limit per accident of 5400,IXq. The Seller shall hkavise require his contractors, Barry, to provide for such campenwfion and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificale that such compensation and imati nce have been provided. Such certificates shall specify the date when such compensation and insurmce have been provided. Such certificates shall specify the dam when such compensation and insumme expires. The Sella agrees then such compensation and insurance shall be maintained until after We entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby ors ores the entire mi was ality and liability for any and all damage, loss or injury army kind or nature whatsoever to persons err property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlleas the Puahoser and any or all of the purchasers officers, agents and employees from and agaimt any and sll claims, losses, damage, charges or expenses, whether direct or indirect, and whether to perom or property to which the Pumbasa may be par or subject by reason of any act action, neglm, omission or deGull on the pan of the Sella, my of his compactors, or my of Be Sellers or contractors officers. agents or employees. In case any soot or ocher pmceraings shall be brought ¢,wowl the Pwcbuer, or its oftcars, agents or employees at any time an wcnoml or by reason of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents or coployas as aforesaid, the Sella hereby agrees to assume the defense thereof and so defend the same at the Sellers awn expense, to pay any and all costs, charges, aoomays fees and other expenses, any and rill judgments that may be incurred by or obtained against the Purchasm or any of its or their .Ricers. agents or employees in such suits m other proceedings, add in case judgment or other him be placed upon or obtained agaimt the popery of the Purchaser, An mid laces in or as o result of such suits or other proceedings, the Sella will at once muse the same to be dissolved and dischanged by giving bond or oNervie. The Sella and his contractors shall take all safety precautions, furnish and install all gird vmeswry for the prevention of accidents, comply wilt. all Loss and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Aa of 1970 and all rules and regulations issued pursumuhereto. Revised 07n014