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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147631PO PURCHASE ORDER 9147631 Page City of PURCHASE 47631 t of z Flirt Collins( This number must appear V`I V "' 1 on all invoices, packing sli s and labels. 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 PATCHWORK 2933 DES MOINES 66602 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 9,633.76 Total 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 exemption. By salute the City of Fan Call. is exempt boom state and local taxes. Our Exemption Number is 98-045 W. Fedeavl Excise Tax Exemption Cmificate of Registry 84-6000587 is minded with the Collector of 11. NON WAI VER. Failure of the Purchaser to insist upon strict parfomann of the terns and condition hereof, failure or delay to formal Revenue, Denver, Colorado (Ref. Colorado premised Stautn 1973, Chapter 39-26,114 (a). exercise any rights a remedres provided herein or by law, failure to promptly notify the Sella in the event of a breach, the sccepunce ofor paymcot for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected GOODS REJECTED due to failure a urea specifiratian, citlrcr when shipped or due an dfecu of any of the wool or mligarns of this purchase order ad shall nor be deco i a waiver of any right of the damage in o-amit, may be, retuned to you for credit and are not in be replaced except upon receipt of wtinrn purchaser to insist upon nrirt pert ore hermfor any of its rights at remedies as to any such goods, regardless inmctions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchases operate n a waiver of My of the moms Inspection. GOODS are subject to the City of Fort Collin inspection on arrival, hereof. Ford Accept. Receipt of the mertrndam, services or equipment in response to this oad. can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoaved payment on the pan of the City of Fan Collins. However, it is a b, nMmtood that FINAL Sella ad the Purchaser recognim that in acted economic prew ice, ovemhages mauling, ❑can antimat ACCEPTANCE is dependent upon completion of all applicable mluited bapa,ion procedures. violation am in fact home by the Namibia. Theretofore, for good cauc and as consideration for excitation, this purchase order, the Sella hereby assign 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 SL, Pon Collins, CO 80522, unless acquired under federal or slate antitrust laws for such overcharges relarg to the particular goods or an,kc, otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased of acquired by the Purchaser pursuant o this purchase order, bill most arcomoanv invoice. Additional charees for making will not be accepted. Shipment Distance. Where ..fact.. have disabusing priors in said. pans of the coumry, shipment 6 expeaM boom the nearest distribution point m destination, and excess freight will be deducted from Invoice when alumna. are made from greater dumnn. Permits. Seller shall procure d sellers sole cast all era xon, permits, cerifiaus and firms. required by all applicable laws, regulation, ordinances and roles of the ante, municili lity, territory or political subdivision when the work is performed, or acquired by any other duly contimted public authority having jurisdiction over the work of vendor. Seller father agree to hold the City of Fan Collin harmless from and against all liability and loss incurred by them by reason of an assured or established violation of my such laws, regulation, ordinences, roles sad aryviremens. Authonzaim. All panic to this contact agree that the representatives are in fact, rna fide end possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated herein set forth and any supplementary or additional emu and condition annexed hereto or incorporated herein by reference. Any additional or different tern and condition proposed by sell. am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmem to anive on your promised delivery date is, noted. Time is of the essence. Delivery and performance most he effected within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall aromatic as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition no other legal and equitable aemedies, the option ofpining this order elsewhere and holding the Seller Gable for damages. However, the Sella shall not be liable for damages as a resat of delays due to causes nor amour bly f able which are beyond its reasonable control and without its fault Of alliance, such am N of God, acts of civil or military authorities, govemmmul grand", fins, strikes, flood, epidemics, wars or hots provided that maim of the conditions aping such delay is given to the Purchassur within five (5) days of the time when the Scller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal .,he it. actually lost by reason aftf, delay. 3. WARRANTY, The Sella wamnts that all good, articles, materials and work covered by this order will conditions with applicable dmwivgs, specification, sample .Nor other description given, will W fit for the Purposes intended, and performed with the highest degree of art and competence in accordance with accepted standard for work of a mils nature. The Sella agrees to hold the puachmer harmless firm any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Sella shall replace, repair or make good, without cost to the pmclaseq any defects or faults misiall within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the slate of acceptance of the good famished hereunder (azomptance act in be umcawnably delayed), resulting rna imperfect or defective walk done or mammals furnished by the Sella. Acceptance or use of goods by the Purchaal shall not consulate a waiver of my claim under this wamnty. Except n otherwise provided in this purchase order, the Sellers liability hereunder shell extend to all damages proximately caused by the breach of my of the foregoing wamnties or guaranties, but such liability shall in no event include loss argo is 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 m legal man by wdttca change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms. aher than legal tints. includieg additions to or delaimrs rna the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the time ofperfa Trance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Panama may at any time by wrimmin change older, terminate this agreement as many or all poation of the goods then not shipped, subject to any equitable edjmtanent beween the parties as an any work or materials then in progress provided dim the Purchases shall not be liable fro any claims far anticipated profits oa the uncompleted portion of the good and/or wort, for incidental or vMm pemlal damage, and Nat no such adjustment b< made in favor of the Seller with respect to any good which are the Sellers standad stock. No such lamination shall relieve the purchaser or the Seller ofany of their obligations m to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjuamen, must b, wsamed within durt, (30) days from the dam the change car temirefion u ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the Good are subject. The Seller shut[ execute and deliver such daumrnts as may be required to effect or evidence compliance. All laws and reguation required to M incorporated in agreements of this character are bull incorporated herein by this ref ce. The Seller agrees to indemnify and hold the Purchaser hmmless firm ell casts and damages suRemd by the Purchaser as a result of the Sellers (alum to enmpty with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or in became due hereunder without the poor wrimen conrnt ofthe other parry. 10. TITLE. The Sella warm full, clear and uarntriaed fill, m the Purchna for ell muipmen,, materials, and it. Formatted! in performance of this agreement f and clear of any and all lien, rabl.ion, reservation, acuity intent encambmnc. and claims nfothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iflhe Purchaser direm the Sella to con. nonconfnming Or defective goad by a date to be, agreed upon by the Purchal and the Seller, and the Sella d ammaR. indications inbility or unwillingness to romply, the PumMsa may cause the work to be performed by the most expeditious mean available to it, and the Sella shall Pay all costs associated with such work. The Seller shall release the Purchaser and its marractors of any tier from all liability and claims of my nature Tea tiong from the performance ofsuch work. This ml. stall apply even in the event of fault of negligence of the parry released and shall extend to the ditermrs, officers and employees ofsuch parry. The Settees contractual 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 Sella is required to use any design, device, material or process covered by Inver, patent, trademark or copyright, the Sella shall indemnify end save hvmlms the Purchaser firm any ad 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 may h obliged to pay by coon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereofor the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parse, replan the same with substantially equal but noninfringin, equipment, or modify it an it become rmninfringing. 15. INSOLVENCY. If the Sella shall become inolvmt or badmupl, make an assignment for the benefit of creditors, appoint a or brume for any of the Sellers properly or business, this oNer may forthwith be canceled by the Purchna without liability. 16. GOVERNING LAW. The defirduon of.. used or lie interpretation of the apec heal and the rights ofall ponies hneurder shall be, contmed under and governed by the laws afthe Some ofColaatdo. USA. The following Additional Condition apply only in rases where the Sella is to perform work hereunder, including the services of Sellers Representalive(s), on the premixes ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall arty on said work at mine, own risk until the same is fully eomplaed and accepted, and shall, in nose of any accident deation ion or injury in 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 maerial, and equipment are furnish by others for installations or erection by the Sella, the Sella shall receive, pound, store and handle same at the site and become reponible therefor as though such materials and/or equipment were Filing famished by the Sella under the order. 18. INSURANCE. The Sella shol, at his own expense, provide for the payment of workers compensation, including acupafimval disease benefits, to its employees employed on Or in maximum with the work covered by this purchase Order, and/or do their dependents in accordance with lie laws of the sate in which the work is m be done. The Sella shall elm any comprehensive general liability including, but not limited to, antroctuel and automobile public liability inxurance with bodily injury and &orb limits of at least S300,000 f any one person, S500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if My. to provide far such compeer Orion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall Finnish the Purchaser with a cenifiate that such compensation and inurdvice have been provided Such nnificata shall specify the dale when such compensation and mural have hero provided. Such certifiata shall specify the date wbm such compensation and insurance expires. The Seller spars that such comparmitims end nmrance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller owdy assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whamo er to person or pmpmy caused by or resulting from the execution of the work provided for in this purchase ada or in conoection herewith. The Sella will indemnify and hold hairless the Purchaser and any or ell of the purchasers omcers, .,am and employees rna and against my and ell claims, lasso, damages. charges or impurities, whether direct or indirect, ead whether to person or pmpeny to which the Purchaser may be put or subject by mason of my act, action, neglect, omission or default on the pan of the Sella, any of h6 contractors, or very of the Sellers or contractors oRcers, agents or employes. In case any mil or other proceedings shall be brought against the Purthes ,err its ofm" agents or employees at any time on account or by mason of any at, action, neglect, omission or default of the Seller of any of his contractors or any of as or their atTcers, agents or employees as aforesaid, the Seller hereby agree to ax. the defense thereof end m defend the same a the Sell. own apeme, 0 pay any said all cnu, charges, anomeys fps and other expenses, My and all judgments that may be incurred by in obtaiaW again, the Purchase or my of iss Or their officers, agenu or employees in such .its or other proceedings, end in case judgment or offer lien be placed upon or obtained against the pull ofthe Purchnee or said parties in or as a read, of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwisc. The Seller and his contractors shall take all safety precaution, bottom and install all guards necessary for the prevention of accidents, comply with all laws and mgulatian with regard in safety including, but without limitation, the Occupainrel Safety and Hedth A. of 1970 and of roles and regulation issue pMmml theree. Revised 01R014