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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147581City of Fort Collins Date: 12/23/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 9147581 1of2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 12/23/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Ft Fund 2014 Grants awarded in 2014; to be paid in 2015 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 77,525.00 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 is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exenpho r Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe teams and conditions bead( failure or delay To Internal Revenue, Denver, Cdomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in The event are breach, the acceptance of or payment for gooda hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED it., to failure to .,at spmiMnTions, either when shipped or due to de@ds of anY Tf the warranties or obligatiom of this purchase order and shall not be deemed a waiver of any right of the damage in trarvsiq may be remand to you for credit and are not 0 be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofirs rights or remedies as m any such goods, regardless instructions from the City of fort Collins. Tf whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terms Inspection, GOODS are subject to the City effort Collins Inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, seor equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of port Collins. However, it is to be understood that FINAL Sella and the Purchasu recognize that in actual economic practice, overcharges resulting from antiwst ACCEPTANCE is dependent upon completion of all applicable required inspection procedurm. violations are in fact borne by the Pumhasd. Theretofore, for good cause and m consideration for executing this purchase Todd, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.OB., City of Fort Collins 700 Wood St, Fart Collins, CO 80522, unless acquired under federal or atom di irmat laws for such overcharges cles., or the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge smandely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must acwmoanv invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenser required by all applicable laws, regulations, ordinances and rates of the stale, municipality, mmtory or political subdivision where the work is performer, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees To hold the City of Fan Collins harmless from and against all liability and loss incurred by them by rean of an asserted of established violation of any such laws, regulations, ordinances, roles and sorequirements. Authorization. All parties to this trimmed agree that the representatives are, in feel, bona fide and possess full and Tmplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and Conditions slated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment To drive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, withom limitation, acceptance of partial late deliveries, shall operate as a waive of this provision. In the event of any delay, the P... have, shall have, in addition to order legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, The Seller shall not be liable for damages as o result of delays due to causes not reasonably foreseeable which are beyond its reasonable oontrol and without its fault of negligence, such acts of God, acts of civil or mi lirry authorities, governmental priorities, fines, strikes, Rood, epidemics, wars or rims provided that notice of the conditions causing inch delay is given To the Purchaser within five (5) days of the time when the Seller first received knowledge thermf. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples an&., other descriptions given, will be fir for the purposes intended, and performed with the highest degree of core and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmruty. The Seller shall replace, repair or make good, without cost 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 moms of any applicable warranty provided by the Seller after the dam of acceptance of The goods famished hereunder (mW once nor to be unreasonably delayed), resulting from imperfect or defective work done or materials f Ishd by the Seller. Acceptance or use of goads by the Purchaser shall not onstitute a waiver of any claim under this warranty. Except as otherwise provided in This purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarmnew, but such liability shall in no event include lass of profits or lass 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 bywritren change order. 5.CHANGES IN COMMERCIAL TERMS. Tha Purchaser any task. any chanties ro the mma, com, can Icgal corms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If ally such Change affects the amount due or the time of performance hereunder, an economic adjosment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all porticum; of the gootls then not shipped, subject to any equitable adjustment between the Parties as to any work or materials then in Produces provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mWor work, for incidental To conscluddi of damages, and that no such adjustment be made in favor of The Seller with respect to any goods which an The Sellers standard stack. No such lamination shall relieve the Purchaser or The Seller of any Tftheir obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from The due the change or termination is Tmered. 8. COMPLIANCE WITH LAW. The Sella, warm it, that all goods sold hereunder shall have been prdurned, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be requird to etred or evidence compliance. All laws and regulations required to be inCoryomted in agreements of This character are 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 as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other parry. I O. TITLE. The Seller warrants full, clear and anre mended title to the Purchaser for all equipment, materials, and items famished it performance of this agreement, free and clear of any and all liens, restrictions, emerva nce, smuriry interest meumbmncd and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the SellenT coned nonconforming or defective gonds by a dure in be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates 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 slut] pay all costs associated with such work. The Seller shall release the Porehasa, and its contractors of any tier from all liability and claims of any Crime resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of The party released and shall extend to the direct.., officers and employees ofsuch perry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is per morn] or caused to be performed by the Purchaser. 14. PATENTS. Whenever The Seller is required 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 any and all claims for infringement by ream of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during The pros coition or after the complete. of the work. In case said equipment, ter 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 part ls enjoined, the Seller shall, at its owm expense and at its option, either procure for the Purchaser The right to continue using said equipment or pairs, replace the same with substantially equal bur noninfringing equipment, or modify it so it becomes monfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or Tmstee fur any of the Sellers pmpery or business, this order may forthwith be canceled by The Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interyreation of the agreement and the rights ofall ponies hereunder shall be Construed under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where The Seller is to perform work hereunder, including the services of Sellers Represenrrive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk frail The same is Polly completed and accepted, and shall, in case of any accident, destruction ar Injury to the work and/or materials before Sellers final completion and acceptance, Complete the work at Sellers own expense and to The satisfaction of the Pumhesa. When materials and equipment are furnished by others for insultations or cocoon by the Seller, the Seller shall receive, unload, store and handle same at The site and became responsible Therefor as though such materials dower equipment wax using famished by the Sellerander Poe order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensaten, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to Their dependdha in accordance with the laws of the state in which the work is to be done The Seller shall elm carry rnmprebenaive Several liability including, but not limited as contractual and automobile public liability insurance with bdily i jury .,it death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his contramors, if any, to provide for such compensation and insurance. Before any of The Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and iasmance shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes The entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever To persons or property caused by a, ordi tin, from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold barmlds the Purchaser and any r all of The Purchasers officers, agents end employees ftom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on The pan of the Seller, any of his ontractors, or any of The Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, operas or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees es aforesaid, the Seller hereby agrees To assume the defense thereof and ro defend the same at the Sellers awn expense, to pay any 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 obtained against the property of the Purchaser, or said parries in or we a result of such suits or order pmcedThgs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contenders shall lake all safety pradat icacs, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard an safety including, but without limiation, The Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 09I2014