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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150217Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 9150217 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket Order 1 LOT LS 4,500.00 Sweeping Costs - 2015 cover the cost of sweeping services for the following locations: 136 S. Mason Jefferson Street Olive or DMA Lot Downtown Restrooms - Oak/Remington Parking Lot Chestnut Lot 2 Blanket Order Sweeping Costs - 2015 215 N Mason Street - North Lot 3 Blanket Order Sweeping Costs - 2015 Operation Services Lot/Facilities 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.00m 1 LOT LS 1 LOT LS 2,000.00 2,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of F`rt Collins PURCHASE ORDER 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.wrn PO Number Page 9150217 201`3 This number must appear on all invoices, packing sli s and labels. Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Callecmr of Internal Revenue, Denver, Colorado (Ref Colorado Revised Saa es 1993, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be, rumored to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of port Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment In response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order, Hpermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will rat be accepted. Shipment Distance. More manufacturers have distnbuling Points in various pads of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be ddudd from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, mrarmy or political subdivision where the work is perpetrated, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mice and requir ants. Authorization. All parties to this current agree that the ru nesenmthm, ar, in fact, bona fide wed possess full and complete authority to bind said proles. LIMITATION OF TERMS. This Purchase Order expressly limits avoidance to the terms and conditions stated herein set forth and any supplemenary or additional terms and conditions annexed hereto to incoryomad herein by reference Any additional or different terms and conditions proposed by sellerme orecdd to and hereby rjeeted 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essences Delivery and po form nvo most be efTeued within Ue rime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have in addition to other legal and equitable remedies, the option ofplacing this order elsewhere said holding the Seller liable for damages. However, the Seller shall not be liable for damages w a result of delays due to causes not reasonably forrsecable which are beyond its reasonable control and without its fault of negligence, such acts of God, ace of civil in military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of fie conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the eve. of any such delay, elm date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, marmw and work covered by this order will common with applicable drawings, specifications, samples mgor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser rosy suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without not to the purchase, any defects or faults arising within one (1) year or within each longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by fire Seller a0er Ore dale of acceptance of the goods banished hereunder (acceptance not to be unreasonably delayed), resulling from imported or defective work done or materials famished by the Seller. Acceptance or use of goads by the purchaser shall not onstione 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 warson. 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 Prominent may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehazer may make any changes to the cams, other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change officers the amount due or the fine ofperfcancro a hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement w to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progrcsa provided that fire Purchaser shall not be liable for any claims for anticipated proNs on fire uncompleted portion of the goods anger work, for incidental or consequential damages, and that no such adjuslmrnt be made in favor of the Seller with respect an any goads which are the Sellers standard stock No such temtination shall relieve the Purchaser or the Seller of any oftheir obligations w to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants first all goods sold hereunder shall have been produced, sold, delivered and furnished in third compliance with all applicable laws and regulations, to which the goods are subject. The Seller shall execute and deliver such documents w may be required to effect or evidence compliance. All laws and regulations required to be ncorparmed In agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hairless from all costs and damages suRrred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Wonder, or convey this order, an any monies due or to become due hereunder without the prior wmde s consent of the other may. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Forewarn for all equipment, materials, and items furnished in performance of this agreement, frw and clear of any and all lino, restrictions, reservations, secmnty interest encumbrances and claims of others. 11.NONWAIVER. Failure of the Purchaser to insist upon mitt performance of the terns and conditions hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure or promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligalow, of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon sect performance hereof or any of its rights w remedies w many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my parpoded oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm without violations are in fact home by the Purchaser. Theretofore, for good cause and w consideration for executiog this pnrchow order, the Seller hereby assigns to the Purebaser any and all claims it may now have or hereafter acquired under federal or state i ntimul laws for such overcharges relating to the particular goods or services purchased or aeqaved by the Purchaser pursuant in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to 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 shall pay all costs associated with such work. The Seller shall reform the Purchaser and its contractors of any tier Gam all liability and claims of any nature resulting from the performance of such work. This relearn shall apply even in the event of fault of negligence of the by neleasel cad shall extend to the directors, officers and employees match party. The Seller's contractual obligations, including warranty, shall not be deemed to be colod, in any way, because such work is performed or..it to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten, Imdearark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far 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 be obliged to pay by reason of such infringement at any time during the prostration or after the completion of the work. In case said equipments or any pan thereof or the intended use of the goods, is in such mil held 1a constimN infringement and the we of said equipment or part is enjoined, the Seller shall, at its own extreme and at its option, either pname for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfriWing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make an assignment for the benefit of creditors, appoint a receiver or tnrstee far my of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the worpreation of life agwermal and the rights of all parties hereunder shall be command under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in oases where the Seller is to perform work hereunder, including the services of Sellers Represwortmefs), oa the premises infringers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in au of any acciden, destruction or injury on the work anger materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumiidd by the. for installation or erection by the Seller, the Seller shall receive, .load, store and handle same at the site and become responsible therefor w though such matenads wagon equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anger to their dependents in accordance with the laws of the stale in which the work is to be done The Seller shall also tarty comprehensive general liability including, but not limited to, contmdual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one Person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, 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 that such compensation and iroumuce have been provided. Such co rtifi.les shall specify the date when such compensation and insurance have been provided. Such redificams shall specify the date when such compensation and insurance expires. The Seller agrees that such enmpenmtiom and insurance shall be maintained until after the entire work Is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aza.. the entire m poruibility and liability for any and all damage, loss in injury of any kind or nature whatsoever to persons or preperty caused by or resulting from the execution ofthe cook provided for in this purchase order or in commotion herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers afters, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirecl, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, notion, neglect, omission or default on the part of the Seller, any of his contractors, 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, agents or employees at my time on aacou a or by reason of any act, action, neglect, omission or default of the Seller of any of his connectors or any of its or their afters, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all card, charges, a emrys fees and other operates, any and all judgments that may he 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 Purcbueg or said parties in or as a result of such suits or offer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety prmautions, fimmish and irumll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety mchaing, but without limitation the Commodore[ Safety and Health Act of 1900 and all rules and regulations issued pursuaat thereto. Revised 074N014