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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215112PO PURCHASE ORDER 321511er Page C11�/ of PURCHASE 15112 1012 ' `tCollins/ This number must appear V " on all invoices, packing sli s and labels. I Date: 01/09/2015 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: 01/09/2015 Buyer: PAT JOHNSON i Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 2015 Blanket Order 1 LOT LS Utilities THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 1,100, 000.00 Total $1,100,000.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is mature from state tend local taxes. Door Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Canificam of Registry M-6000587 u reglmn , with f< Collator of Failure of the Purchaser to insist upon shier performance of the reruns and ronditions hereof, failure in delay in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify tbe Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speri ficrtio ts, either when shipped or due m defers of any of the warranties or obligations of this purchase order and shall not be deemed . waiver of any right of the damage in mount, may be relumed to you for credit and are not to be replaced except upon receipt of wrinen Polchaserto insist upon amid performance hereof or any of its rights or remedies as to any such gandE, regardless instructions from the City of Fon Collins. of what shipped, received or accepted, as many prior or subsequent defoWt hereunder, nor shall any puRoned oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Impaction. GOODS am subjduo the City of Fan Collins inspection on arridd. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthormal payment on the pan of the Ciry of Fan Collins. However, it is to be urndnmood Nat FINAL Seller and the Purchaser recognize that in actual ecdm is practice, overcharges resulting from antitrust m. ACCEPTANCE as dependatt upon completion of all applicable required inspection paodedm violations are m in fuel home by the Purchaser. Tbeofore, for good cause and as oxmideretion for executing this n purchase order, Ene Seller hereby assign to the Fmchaser any and ell claims it may now have or hereafter Freight Terms. Shipments morn be F.O.U., City of Fort Collins, 900 Wood St, Fan Collins, CO 80522, unless acquired under federal in state antiwar laws for such overcharges relating to the particular goods or smite otherwise specified oa this orda if penrann"ma is gaveu to prepay freight and charge separately, the original freight purchased or acquired by to Purchaser pursuant to this purchase order. bill most scmmnane invoice. Additional chances for revision will not be accented. Shipment Distance. Where manufedurem have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from Indoor distance. Permits. Seller shall produce at sellers sole cost all necessary pennies, certificates and licenses required by all applicable laws, regulation, ofi irancm and rules of the state, municipality, ramtory, or political subdivision whom the work is afthromed, in required by arty ofer duly commuted public sueMnty hasingjunsdiction over the work of vendor. Seller brother agrees to hold the Ciry of Fort Collim harmless from and against all liability and loss incurred by them by reason upon msmcd or established violation army such laws, regulations, ordimnces, roles and requirements. Authodmtion. All parties to this taunter agree that the representatives arc, in fact, boa fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly [,mats acceptance to the to. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or modwmted herein by reference. Any eddilloa] m different to. and condition proposed by seller are objected to and hereby rojected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake complee shipment to mrid, oa your Promised delivery date as rated. Tina is ofthe msatd. Delivery and performance, must be effected within the time stored oa the purchase order turd the documents antached hereto. No acts of die Putchmants including, without limitation, acceptance ofpazlal late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable number, the option orphaning this order elsewhere and holding the Seller liable for dmnaSm. Howrveo the Seller shall not be liable for damages as is resulw of dolrys due to causes not reasonably foreseeable which are beyond its reasonable control and wiEnmr its fault of negligence, such at. rGod, as ofcivil or military authorities, gnvernmental pnordies. Ores, snakes, Bond, epidemics, wars or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sold warrants that all good. articles, materals and work covered by this order will conform wide applicable drawing), specifications, samples and/or other description given, will be fit fro tbe peopmem, intended, and PeK rmcd war the highest degree of core and compnence in accordmtce war ocomed standard for work of a similar aware. The Seller agues m hold the Isenhour harmless from any loss, damage or expense which the Par doner may suRtr or incur on account ofthe Sellers breach of wm mnty. The Sella shall replace, tons it or media good, without cast to the purchaser, any defect or faults raising within one (1) year or wathan such longer period of time as may be prescribed by law or by the teams crony applicable warranty provided by the Seller after the date of acceptance of the good finished hereunder (acceptance not to be unreasonably delayed), resulting from imported or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser dull not rntitute a waiver army 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 warranfim or Rum anew, but such liability shall in no event include loss of profits or Ime, of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may hake changes to legal terms by wanes change order. 5. CHANGES IN COMMERCIAL TERMS. no Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the apodfiestioxs or drawings, by venal or written change orderIf any such change affects the amount due or the time of performance hereunder , an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change coda, terminate this agreement m to say or all panians of dw goofs that not shipped, subject to any equitable adjustment between the parries as to any work or materials then in pommess provad d that the purchaser shall nor h liable for any claims for eaticiparM profits on the uncompleted portion of the goad mdlor work, for incidental or consequential damages. and that no such adjustment o made in favor of the Seller will, respect many Fred which are tbe Sellers sandard stack. No such refutation shall relieve the Purchaser or the Sella army of their obligations as to any good dliverad havandn. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be msened within thirty (30) dart from the date fe change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have bean produced, sold, delivered and famished an said compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such desumew, as may be required m effed or audience compliance. All laws and regulation required to Ise imoryomted in agreements of this damneder are hereby incoryurated hereon by this reference. The Seller agrees to indemnify and hold the Purchaser heranlw from MI costs and damage suffered by the Purchaser as a result of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pang shall cosign, namfeL or convey thas order, or any monies due or to become due hdcunder without die prior "am consent ofthe other party. 10. TITLE. The Seller warrants bill, clear and unrestrided title to the Purchaser for all equipment, materials, and items famished n perfofadce of this recent fro and clear of my and all limn, ruoaclione, resemd.m. security indoor encumbrances and claims element. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed neon 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 d,scal tiom mean available to it, and the Seller shall pay all cases associated with such work. The Seller shall release the Pumlamer and its coatsadars of any tier for. all liability and claims of any nature resulting fiat die performance of such work. This release shall apply men in the event of fault of negligence of the party released and shall extend to the dadmix, oRcers and employees i fiuch party. The Sellax contractual obligations, including warranty, shall non be deemed m be reduced, in any way, became such work is performed or caused to be performed by the Pordever. 14. PATENTS. Whenever the Seller is required to me any design, device, mmad or process covered by loner, patent, uademark r copyright, the Seller shall indemnify crud save harmless the Purchaser from any and all claims for inMngement by reamn of the use of such petatted design, device, mmand or process in connection with the contract, and shall indemnify the Purchaser for any and, expense or damage which it nay be obliged m pay by reawn of such infringement at my time during die Prosecution or aRer fe amplem. of the work. In earn said equipment, or any pan thereof or the intended use of the good, is in such suit held no comamra arrangement tend the use of said component or part is enjoined, the Sella shall, at its own expense and st its option, either procure for the Purchaser the fight to continue ming said equipment or pans, replan the some, with substantially equal but aminGnging equipment, or modify it so it becomes noninfringing. 15. MSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a remover or trustee Joe any of the Sellers property or bmincss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definmem of terms cud or the interpretation ofmo agreement end the rights of all innate hereunder shall be wntreml under and governed by the laws of the State of Colorado, USA. The following Additotul Corinna apply only in taus when the Seller is m perform work hereunder, including the amide of Sellers Represmadivefs), en the premises ofothers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, unit shall, in u of coy accident, destruction or injury to the work ardor materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment art famished by others for aremilation or erection by the Sella, the Seller shall soave, unload, store and handle same at the site and become responsible therefor as Enough such amounts author equipment were being fnnished by the Sella under the Who, 18. INSURANCE The Sella shall, in his own expense, provide for the payment of workers compensation, including occupational do. benefits, m its employees employed An or an connarmin war the work covered by this purchase order, coupon- to their dependents in acrnNance war the laws of the state in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited to, contractual and automobile public liability insumnce with !Wily injury and death limits of M last E300,000 for any one person. 5500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his ontrncmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his commends employees shall do any work upon the premises of others, the Seller shall fmash the Purchaser wit a condition deal such compensation end insurance have bon provided. Such cenificmes ifall specify the date what such cote wasention and bromine have beer. provided. Such comfiest. shall specify the date when such a mpersatio t and tmureace expire. The Seller vgrees that such comers rion and insurance shall be maintairud until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the out responsibility and liability for any and all damage, lass m injury army kind or name whomever to penom or property accord by or resulting from to execution ofthe work provided for in this purehau order or in connection herewith. The Serer will indemnify and hold harmless the Purchaser add any or all of the Purchases officers, agents 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 Purchaser may be put or subject by fiction of any act, action, negldr, omission or default on me pan of the Seller, any of his onfi cems, or any of the Sellers or contractors offcen, agents in employees. In case any suit or other proceedings shall be bought against the Purchaser, or its officers. aged¢ or employees at any tame on account or by reason of any act, notion. neglect, omission or default of the Seller of any of his controtors or any of its or their officers, agents or employees as aforesaid, the Seller bereby agrees to assume the defense thereof and to defend die same at the Seller own expense, so pay any tend MI costs, charges, atmtueys fins and other expenses, any and all judgments shot may be incu d by or obtained against the Purchaser or my of its fir their ricers, agents in employees in such suits or other proceedangs, and in case judgment in aster lam be Placed upon or obmwed against the property, ofthe Purchased, or said panic in or as a result rf such suits or other proceedings, she Seller will at once douse the same m be dissolved and discharged by gazing band or otherwise. The Seller and has contaazmrs shall mks .II safety precaution, bimish and install all guard necmmry far the Me moan of accidents, comply with all laws and regulations with regard m safety indudng, bur without humantion, the Occupational Safety and Health Ad of 1970 and all mles and regulations issued pursuant thereto. Revised 07n(314