HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147630PO
PURCHASE ORDER 914763er Page
Cli)/ of PURCHASE
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Flirt CollinsI his number must appear
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Date: 12/26/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS "
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
PATCH WORK BOARDWALK/WHALERS
66526
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
Total
Pay terms net 30 days
Invoice Address:
9,122.38
1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By stamm the City of Fart Collins is exempt fmm slam and ]not taxes. Our Exemption Number is
98-0 502. Federal Parise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
himmd Revenue. Drover, Colorado (R,E Colorado Revised Statures 1973. Chapter 39-26,114 fp).
Goods R jested. GOODS REJECTED due to failure a cam specifications, cider when shipped or due la defects of
damage in transit, may be rammed to you for credit and are not in her replined except upon receipt of written
instructions from the City afraid Collins.
Inspection. GOODS are subject o the City afford Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, smica or equipmen, in mponse W this order can rant in
aawarmad payment on the pan of the City of Fan Collins. However. it is to be understood grant FINAL
ACCEPTANCE is dependent upon crmplerion of all applicable required impextion procedures.
Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight ad charge separately, the original freight
bill must accompany novena, Additional charges fro packing will cut he accepted.
Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is
expected from the carat distribution paint to dedication, and excess freight will be deducted from Invoice when
shipments are made from grater distance.
Forms. Seller shall procure at sellers sole cost all naasary permits, recreates end Incas. required by all
applicable laws, regulations, oNinances and roles of the scam, municipality, ,ni,ry or political sudbisime where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller former agrees , hold the City of Fort Collins harmless from and .no all liability ad loss
rammed by them by ramp of on assured or established violation of any such laws, regulations, ordinances, rules
and ragairements.
Authorization. All parries to this contact agree that the represeotativa are in fad, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order .pressly limits acceptance ro the is. ad coMitims stated
herein set forth and my supplementary or sdditioml toms and cendiliow sr hexed harem or incorporated herein by
rammunce. Any additional or i ilfermt Isms and randrions proposed by seller are objected to ad hereby rejrcted.
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 most be crated within the time
setd on the purchase .,it. end the documents usxhed harem. No rots of the Purchasers including, without
limitation, acceptance ofpanial lam deliveries, shall allow, as a rover of this provision- In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this odes elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to muses not rc.onably foramadc which are hryod its reawmbla control and without its fault of negligma.
such acts of Gast, ems of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
rafts
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time what the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extruded for the peril equal, the time mostly lost by wan ofthe delay.
3. WARRANTY.
The Seller wmmts that all gods, articles, materials and woods mverd by this odes will conform with applicable
drawings, stratifications, samples md/m other descriptions given, will Is, fit for the puspases intended, and
performed with the highest degree of care and competence in accordance with incepted standards for work of a
similar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suRa or incur an account of the Sellers b,a d, of wamnty. The Sella shall replace, repair ar make
good, without cost m the Purchaser, my defers or faults arising within ace (D year m within such longer pond of
time as may be pcsciibd by law m by the terms of my applicable warmnry provided by the Seller after the date of
acceptance of the good burnished! hereunder (acceptmcc rot W ha umeammbly delayed), mulling fmm implu t
or defective work done or materials famished by the Sella. Acceptance or we of good by the Purchaser shall not
dwtimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase coda, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guamntces, but such liability shall in no event include loss ofprofits or lose 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 terror by wrinm change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legd terms, including additiaw to or deletions Gram
lie quantities originally mitered in the specifications or drawings, by verbal or women change order. If my such
change aRecta the amount due or the time ofperfomsmce hoomi , an equitable udjnstmm, shall ha made.
6. TERMINATIONS.
The Purchaser may at my time by wrinm change under, remdnere this agreement as to any or all portions of the
goads then not shipped, subject to any equitable Amoral between the parties as to my work or materials than in
progress provided that the Purchaser shall not bi, liable for any claims for anticipated profits on the uncompleted
portion of the goods as&., work, for incidental or constrimm d damages, and then no such adjustment is, rode in
favor of the Seller with respect to my goods which oR the Sellers standard stuck. No such termination shall relieve
the Purchaser or the Seller ofmy of their obligatiom as, my goods delivered hermnder.
T. CLAIMS FOR AD3USTMENT.
Any claim for adjustment most be assured within Nirry (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella wamns that all goods said hereunder shall have been prWood, said, delivered and fiunished in somil
compliance with all applicable laws and regulations W which the goods are subject The Sella shall execom ad
deliver such documents w may be required W effect an evidence mmplianm. All laws and regulations required to be
ncorporated in agreements of this character me hereby incorporated herein by this reference. Tha Seller agrees W
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a cult of the
Sellers failure to comply with such low.
9. ASSIGNMENT.
Neither party shall assign, mdmfrr, or rani Ibis oiler, m may mania the or, become due barracuda without the
prior wrinen consent ofthe other party.
10. Tf11E.
The Sella warrants full, clear and unresnicied title to the Purchaser for all equipment, materials, and items famished
in pedorm one of this agreement Bee and clear of my and all liens, restrictions, nervations, security intent
mcumbrance, ad claims arrant..
11, NONWAIV ER.
Failure of the Purchaser to insist upon strict performance of the leans and conditions hereof, failure a, delay, to
my rights or contralto provided herein or by law, failure to promptly notify the Seller in the event of a
bract, the acaeptaace of or paymm, for goods brreuMer or approval ofthe design, shall not release the Seller of
any of the wamnria or obligations of this purchase older and shall not ha darned a waiver of my right of the
purchase, W rosin upon later pa harms.. hereof., any of its rights or candies as to any such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
a rat modification or rescission of this purchao order by the Purchaser operate as a waiver of any of the tams
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller end the Purchasm recognize will iv actual economic practice, overcharge resulting from mtitrust
violations are in fact home by Ne Pumh m. Theretoforefogood muse and as considemuon for executing this
purchase and, the Sella hereby assigns W the P ,chaser any and all claims it may now have or hereafter
acquired under federal or our antitrust laws far such overcharges relating to the particular goods ar servicm
purchmed Or acquired by the Purchase, ponswat m this purchao order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer directs the Sella to coned nonronfmming or defecrisc goods by a due. be agreed upon by the
Purchaser and the Seller. and the Sella thereafter indicates its liability or unwillingness W comply, the rundown
may cause the work to be Performed by the most expeditious means available he it, and the Sella shall pay all
casts associated with such work.
The Seller shall cleans, the Purchaser and its contractors of any her from all liability and claims of any moue
mulling rrom the perfoanmce ofsuch work.
This release shall apply wen in the even of fault of negligence of the party releued and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers comratml obligations, including vo manry, shall not be, de rued W be reduced, in my we, because
such work is performed or caused to be performed by the Purchaser.
14. PATR.'TS.
Whareva the Sella is required ro use any design, device, material or Amass covered by lever, patent, trademark
r copyright the Seller shall indemnify, and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it maybe 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 pan therm( or the intended use of the goods, is in such suit held to emnstimm inGngement and the use of
said equipment or pan is enjoined, the Sella shall, at its own opeme ad at its option, either procwe far the
Purchase the right W continue ruing load equipment or parts, replace the same with substantially equal bur
mnivGinging equipment or modify it m it becomes roninfringng.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assigmnent for the wrieft of creditors, appoint a
receiver Or vusto for any of the Sellers property or business, this order may forthwith Or canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement end the rights droll ponies bacuder "I be
crosstried under and governed by the laws ofthe State of Colorado, USA,
The following Additional Conditions apply only in cases where rate Seller is co perform work hereunder,
including the services of Sellers Reproartative(s), on the premises afothers.
IT. SELLERS RESPONSIBILITY.
The Sella shall cony on said work at Sellers own risk mtil the some is rally complad and accepted, ud shall,
in case of my accident destruction or injury W the work anNo, materials before Seller's fiwl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matedaB
and equipment are fumishd by others for installation or erection by the Seller, the Sella am[] receive, mount,
store and handle same at the site and became responsible therefor as though such materials andbor equipment
were being famished by the Seller coda the order.
I I. INSURANCE
The Seller shall, at his own apasse, provide for the payment of workers compensations including o aracco al
disase benefis, to its employers employed on or in connection with the work covered by this purchase order,
andror W their dependents in eccodunce with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contachial and automobile public
liability insurance wah bodily injury and death limits of at last STM." for any one person. E500.000 for any
one incident ad Formerly, damage limit per accident of S400,000. The Sella shall likewise require his
contractors, if any, I. provide for such comparnsomen ad inall.r. Before any of the Sellers or his wntrutn a
employees shall do any work upon the premises ofoth ens, the Seller shall famish the Forefoot with a anabolic
Nat such commemoration and insurance have been provided. Such certificates shall spmify the date when such
compensation and insurance have been provided. Such cedifcares shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained omit after the
entire work is completed and accepted.
19. PROTECTION AGAENST ACCIDENTS AND DAMAGES.
The Serer hereby assumes the mtirc responsibility, ad liability fro my ad 01 damage, lass or injury army and
or wane whatmever to persons or property reattd by or molting fium the ex— a -of the wark provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchum, may
be put or subject by reason of any rot, action, neglect omission or default on the part of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employes. In case my suit an office
proceedings shall be hmught again, the purchaser, or its officers, agents or rmployeas at my time on arrows or
by reason of my act acuon, aeglaut omission or default of the Seller of my of his c.nh m or my of its or
their officers, agents or candayims m aforesaid, the Seller hereby agrcca to assume the defense thereof aud to
defend the same et the Sella. own cxpeme, to pay any and all costs, charges, attomeys fees and offer expeases,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Nair oRcars,
agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or
obtained against the property of the Purchase,, or said ponies in or as a mull of such mies or other proceedings,
the Seller will at ante cause the scale to IK dissolved and discharged by giving hod Or otherwise. The Seller and
his conaators shall take all safety precaution, furnish aed install all guards necessary for the pramtion of
accidents, comply with all laws and ttgulatida with regal to safer, including, but withmt limitation, else
Occupational Safe,, and Ha th Act of 1970 and all rules and oegalnmrw issued punumt thercm.
Revised O7Q014