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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215114PO Number I Page Fort Collins PURCHASE ORDER Date: 01/09/2015 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " This number must appear on all invoices, packing slios and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Locate and Construction Servic Annual 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 100,000.00 a 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. COMMERCIALDETAIIS. Tax exemptions. By stature the City of FortCollins is exempt from stateand local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. FeAeil Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collator of Failure of the Parchment to insist upon strict pert of she tetrm and conditions hereof, failure or delay to Inmmd Revenue, Denver, Colorado (Reg Coloido Revised Smtum,, 1973, Chapter 39-26,114 By exercise my rights or remedies Provided harem or by law, failure to promptly ran fy Ube Seller in the event of a branch, the acceptaare of or WMan for goads h..da or to poi -I ofine design, dull rot release the Seller of Good R jecttd. GOODS REIECFED due to failore to mat specifications, either when shipped or due to defects of my of the warmanies or obligations of this purchase order and shall no be droned a waiver of my right of the damage in tinsi, may be tenoned to you for credit and are not to be replaced except upon camps of wriven Purchaser to most No strict Pa.. hrreef err any of its rights to remedies. to any such good, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my puryonal oil modification or rescission of this purchase order by the Purchaser operate in a waiver of my ofthe terms Inspection. GOODS me subject o the City effort Collins inspection on normal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in U. ASSIGNMENTOF ANTITRUST CLAIMS. criminal payment on the pm of the City of Fort Collin. However, it is to be understood that FINAL Seller and the Purchaser raognim that is scmat a is practice, overcharges resulting to.. antitrust ACCEPTANCE is dependmtuponwmpleionofallapplicablc required inspection procedures. violations are in fact home by the Purchaser, Therromm. for good cause and as consideration for exacting this purchase order, the Sella hereby assignee to the Purchaser my and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., For Collins, CO 80522, unless acquired order fNenl or sure antitrust laws for such overcharges relating to the particular goods or services otherwise spaified on this or Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase no., to this purchase order. bill inan.coinpany invoice. Additional charges far packing will an be wecepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamfacturers lave distributing poinn in woman pares of the country, shipment is If the Puchaser directs the Sella to corer mancro orming or def.ive good by a date to be agreed upon by the expected from the narat distribution Point to destitution, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Scller theraRermdiares its inability or unwillingness to comply, the Parcb.er, shipments arc made f Span, distance. may sax the work to be performed by the ma, expeditious means available to it, and the Sella shall pay all cons mancio ad with such work. Permits. Seller shall Finance at sellers .to con all naasary Permits, cenificares and licema raryirvd by all applicable laws, regulations, ladmi nces and tales of tla, sm a, muthcipality, mritory or political subdivision where the work is performed, or required by any other duly constricting public authority havingjun diction over the work of vendor. Sella fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an isolated or established violation of any such laws, regulations, ordinances, tales and na mremmts. Aatherimsioo All parries to this contract agree that the representatives are, in fact, bona fide and possess full and complete ouoodry so bind said parties. LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the it. and canditions sited herein sin forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refereme. Any additional or different mars and condition proWsed by He, are objected mend hereby jteed. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you atom make complae shipment to arrive on your promised delivery, date as noted. Time is ofthe cssena. Delivery and performance must be effected within the time anted on the purchase other and the documents mNclu l berew. No acts of the Purthmms including. without limitation, acceptance of partial hire deliveries, shall maim as a waiver of this provision. In the event ofmy delay, be Purchaser shall have, in addition to other legal and equiable mmcdics, the option ofplacing this order dxwhem and holding the Sella liable for damages. However, the Seller shall not be liable for damages m a result of delays due to muses not easonably foresaable which am beyond its reasonable control and without its fault of neglig.ce, such acb of God, acts of civil or military authorities, governmental primities,faces, strikes. Rood, epidemics, wars or nuts provided that notice of the conditions causing such delay is green to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended fo, the period equal to the time. Wall, lost by reamer of the delay. 3. WARRANTY. The Sella warrmp that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples tabor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and compdcnce in accordance with accepted standard for work of a uffn as. The Seller agree to hold the purchaser harmless from my loss, damage or expense which the Fuahasel may sufferer incur an account ofthe Sellers breach Mammary The Sellershall replace, repairer make good, without cat to the pochaxr, my defects or f Its miring within one (1) year or within such longer period of time to maybe prescribed by law or by the tram of.y applicable warmly prowled by the Sella after the date of acceptance of the good famished hereunder (accepance rut to be unreammbb delayed), resulting from imperial or defective work done or materials fmished by the Seller. Acceptance or use of good by the Purchaser shall not construct a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of any of the f going warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may .,site changes to legal mum by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temps, including addition to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aliens the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnm change order, terminate this agreement as to my in all portions of the good then not shipped, subject to any aluitable edjmtmmt between be parties m to any we* a materials then in Progress Provided that the Purchaser shall tat be liable for my claims for anticipated profits on the uncompined Nation of the good mpor work, for incidental or comaqummil damages, and bar no such adjustment be made f favor of the Seller with respect to my goods which are the Sellers sandard stock. No such recreation shall relieve the Pumhmer or the Sella ofmy oftheir obligations as to any goads delivered haosmos r. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or ta,minmion is ordered S. COMPLIANCE WITH LAW. The Seller wants that all goods sold hereunder shall have been produced, mid, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to be incorpoired in agreements of this character we hereby incaryomm l herein by this reference. The Sella agrees to indemnify and hold the Purchaser harrnlon form all costs and damages suffered by the Purchase in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, uonsfer, or convey this order, or my monies due in to become due hertundn without the prior wring consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrcstnemd title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and dear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any manure resulting from rue performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofcas and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not Is, damol to be reduced, in any way, became such work is pas rued or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Senn is required to me any, design, device, material or process covered by Icon, patent, tidemark or copyright, the Sella shall indemnify and save harmless the Purchaser from any end all claims for infringement by remain of the use of such Formal design, device, material m process in connection with the connaws, and shall indemnify the purchases for my cos, expense or damage which it may be obliged m pay by reason ufsuch infringement at any time during the promotion or after the completion of the work. In rase mid equipmms, or my pan thereof or the intended use of the good, is in such suit held to co urns re infringement and the sex of said ourty a a or pan is enjoined, the Sella shall, at its owe expense and al its o,,a.. either procure for the Purchaser the right to continue using said equipment m parts, replace the same with substantially round but no siafngwg expropriator, or modify it so it haomrs noninfringing 15. INSOLVENCY. If the Sella shall become insolvent or baMmp, ,sale,, m amignmem for the benefil of actimrs, appoint a receiver or trustee for my of the Sellers proper,or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temp used or the interpretation ofthe agreement.d the rights of all panties hereunder shall be ronstmed under and governed by the laws of the Sate of Colorado, USA. The fallowing Additional Conditions apply many in cousin where the Sella is to perform work hereunder, including the services mfSellers Represmaivi B), an the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall arty ma said walk at Seller's awn risk.61 the same is fully couple ed end accepted, and shall, in case of any .ciden, destruction or injury in the work saps, matcdals before Seller's final enmpletion and acepnvce, complete the work at Sellers own asperse and to the smisfaction of the Prolamin. When materials .it equipment are furnished by others for rainbow. car enaction by the Sella, the Sella shall receive, upland, store and handle same at the it, and became responsible therefor to though such materials and/or equipment were being fiarmshed by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to in cmployces employed on or in connection with the work covered by this purchase under, wiper to their deandents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, continual and automobile public liability inumace with bodily injury and death limiu of m least 5300,03o for any one person. S500,000 for any accident and property damage limit per accident of S400,000. The Sella shot likewise require his corrosion, if my, to provide for such compensation and insurance. Before very of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shol f ish flue Purchaser with a certificate that such compensation nM insurance have been provided Such venifcares shall specify the dto when such mmpen lion and insurance have been provided. Such certificates shall specify the date when such compensation .it ianuraace expires. The Sella agues that such rompers lion and insuiroe shall be mainmast.61 offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell,, hereby assumes the entire responsibility and liability for my and all damage, lass or injury of any kind or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purome order or in connection herewith The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers 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 abject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or most proceedings shall be bought against the Purchaer, or its officers, agents or employees at my time on account or by reamer of any act, action, -glee, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees in aforesaid the Seller hereby agsea to essume the defense thereof and to defend the same at the Sell. own expense, to pay any and of costs, charges, mtomays fees and other expeacca, my and all judgmmts Bat may be incurred by or obtained against the Purchase of my of its in their officers, agents or employees in such suits or other proceedings, anal in case judgment or odor Jim be placed upon or obtained against the property ofthe Parchment, m said parries in a as a result of such suits or other proceedings, the Seller will at once attx the stem m be dismlvW and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety preeautiom, furnish .d ..It all guard era., for the Prottmtiov of accidents, comply with all laws and regulations with regard to safety including, but without Harmonic, the Occupational Safety and Health Act of 1970 and all tales mot regulations issued fursunm oercto. Revised (Undid