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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150218Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 9150218 1013 This number must appear on all invoices, packing silos and labels. Vendor: 103941 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS CIS ** 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Blanket Order 1 LOT LS 3,000.00 215 N Mason to cover the costs of snow removal for fiscal year 2015 for various City of Fort Collins buildings. 2 Blanket Order 1 LOT LS 10,000.00 Civic Center Parking Structure 3 Blanket Order 1 LOT LS 3,000.00 City Hall 4 Blanket Order 1 LOT LS 9,000.00 Old Town Parking Structure 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of F6rt Collins PURCHASE ORDER PO Number Page 9150218 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 Blanket Order 1 LOT LS 11,000.00 Downtown Parking Lots 6 Blanket Order Police Services - Timberline 7 Blanket Order Operation Services 1 LOT LS 1 LOT LS 20,000.00 Total Pay terms net 30 days 3,000.00 Invoice Address: 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 Accounting Department City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 PO BOX 580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptioas. By stature the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifeate of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the temp and condition hereof failure or delay to 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 the Seller in the event of a breach, the acceptunce ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Grads R jetted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wananties or obligations of this purchase offer and shall nor be deemed a waiver ofany fight of the damage in commit, may be returned to you for relit and are not m be ,placed except upon receipt of wrinen purchaur to insist upon strict performance haeofor any of its nghts or remedies as to any such goods, regardless instructions from the City of Fort Collins, of when shipped, received or morainal, as to any poor or subsequent default hereunder, nor shall any purported and modification or rescission Of this purchase order by the Putchner operate as a waiver of any of the tams Inspectian. GOODS are subject a rise City of Tom Collins inspection as anneal. hereof. Final Acceptance. Receipt of the merchandise, services ar a nipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhonxed payment on the pan of the City of Fon Collins. However, it is to be understood than FINAL Seller and the Purchases recognize that in actual ecommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. vialmiom are in fact theme by the Purchaser. Theretofore, fat good muse and as conidarts. far executing this purchase offer , the Sella hereby resigns to the Purchaser any end all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of ion Collins, 70 Wood St, Fort Collins, CO 80522, unless acquired under fdeml or slate amitmat laws for such overcharges relating to We particular goods a services otherwise spaifid on this aide, Ifpermicsion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchntt pursturn m this purchase Offer. bill most accompany invoice. Additional charges for packing will non be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the purchaser directs the Seller to cocoa nonconforming or defantve goods by a dace to be agreed upon by the expected from the nearest distribution paint ra destination, and excess freight will be deducted fmm Invoice when Purchaser and Ore Sella, and the Seller thereafter indicates its mobility or unwillingness to comply, the purchases shipments are made boom greater distance. nay cause the work to be performed by the most expeditious means available 10 it, and the Sella shall pay all costs acwciatid with such work. Pemtip. Seller shall presence at sellers sole cost all necessary Paris, ttnifiwtes and licenses required by all applicable laws, regulations, ordinance and toles of the sure, municipality, teNtory or political subdivision where the work is performed, or required by any other duly continn ed public authanty having jurisdiction ova the work of vendor. Seller further agrees to hold the City of Fon Collins hatmlass gram and against all liability and loss incurred by than by team. of. sommed ar established violation of any such laws, regulations, oNiwnces, toles and magno ments. Authodxarion. All panics to this comfier agree that the represenntivw art, in fact, bona Ode and possess full and complete aulhoriy to bind said panics. LIMITATION OF TERMS. This Purthaae Order expressly limits acceptance to the terms and conditions used herein set fond and any supplementary or additional laws and conditions aunexd hereto or Reciprocated herein by re@ical, Any additional or diRdant terms and mrWitiom proposed by sells am obj¢ud to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot malb,.,Ida shipment to arrive on your premised delivery date n noted. Time is of the essence. Delivery and performance mull be effected within the time anted on the purchase offer and the dreamers attached hereto. No nets of the Purchasers includin& without limlation, acceptance of partial late deliveries, shall operate n a waiver ofthis provision. In the went ofany delay, the Purchaser shall hava, in addition to other legal and equitable remedies, the Option of placing this order elsewhere and holding the Seller liable for damages. Howesm, the Sella shall rim be liable for damages as If result of delays due to muses not aosonbly facenumble which an beyond its reasonable central and without its fault of negligence, such acts of Gad, asafee,[ in military authorities, gov ..I inaritin, Bess, strikes, flood, cridemies, war or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the lime when the Seller firm received knowledge therein(. In the went artery such delay, the doe ofdelivery, shall be extended far the penesd equal to the time actually Last by reason of ncc delay. I. WARRANTY. The Seller wmrams Nat all goods, articles, materials and work awered by this offer will conform with applicable drawings, specifications, samples anal other descriptions given, will be, Ill for the purposes intended, and performed with $e highest degree of mrc and competence in accordance with accepted standard for work of a similar cannot. The Seller agues to hold the purchaser M1amWs from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty The Sella shall replace, repair or make good without cost to the purchaur, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of waresnce ofthe goods famished hereunder (acceptance not to be unrmsonably delayed), resulting from imperfect Or defective work done or matelots famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this worway. Except as mherwiae provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no went 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 make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mutts, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any Stich change forbears the amount due or the time ofpergmnance hereunder, an equitable adjustment shall be made. & TERMINATIONS. The Purchaser may at any time by written change order, temrinale this agreement as to any or all portions of life goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided tat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goads and/or work, for incidental or consequential damages, and that no such mijustmeut be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligation n to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within Ihirry (30) days from the dam the change or termination is ardered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have Nunn produced, sold, delivered and famished in inner compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execue and deliver such debentures as may to squired m affect or evidence compliance. All laws end ugulmion required to be incorporated in agreements of this character arc hereby Reaffirmed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, concern, or convey this order, or any monies due or to become due hereunder witlmut the prim "men consent of the other patty. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items garnished in pafotmunce of this agreement free and clear of any and all lien, restriction, resamption, maturity interest cocumbrances and Gains fothers. The Sella shall release the Purchaser and its comencom of any der fmm all liability and claims ofany ratme resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the pang rebound and shall extend to the directors, officers and employees afsuch parry. The Salle. contractual obligations, including warmnry, shall nor be reacted m be reduced; In any way, because such work is performed or caused to W performed by the Pucbect 14, PATENTS. Whenever the Sella is regeind 10 use any design, device, macmal or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the tau of such Formed design, device, reatmal or process in connection with the conmact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Lucy by reason of such infringement in any time during the Prosecution or after the completion of the work. In case said equipment, ne any part d ecmf or the intended use of the goods, is m such suit held to condrute infringement and the use of said equipment or pan p enjoined, the Sella shall, at its own expense and at its option, either program for the Purchase the night 1. continue at, said equipment or Pans, replace the same with substantially equal but neranfringing equipment, or modify it so it becomes nomnGinging. 15. INSOLVENCY. If the Sugar shall become insalvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or traoee for any of the Sellers property or business, this order may foMwith b, cameld by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms usual or the information of the agreement and the rights of all parties hereunder shall be convued under and gavemed by the laws ofha Sum ofCol..dc, USA. The following Additional Conditions apply only in mems where the Seller is to perform work hereunder, including the services of Sellers Repasentative(s), at the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work andor materials before Sellers firm[ completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the product When materials and equipment are gummed by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle some at the site and become responsible therefor as though such materials and/or equipment were bung famished "a Seller Imder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compemation, including occupational disease harelip, toils employees employed on or in connection with the .,it covered by this purchase order, traffic to their dependents in accordance with the laws ofthe mule in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of err least 5)OQ000 forany one person, $50,000 for any one accident and property damage limit per accident of $401 The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his eornmemrs employees shall do any work upon the premises of others, the Seller shall famish the Purchntt with a cmificam that such compensation and insaranm have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until an,, the entire work is completed end aocepled. 19. PROTECI ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, for any and all damage, lass or injury ofany kind or nature whosoever to persons or property reused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhaser and any r all of the Purchaser officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether a person or pmpeny Of which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his anomalies, or any of the Sellers or contractors olTcera, agents of employees. In case any suit or other proceedings shall be brought against he purchases, a its officers, agents or employees in any time on account or by reamor of any act action, neglect, omission or default of the Seller of any of his confidant or any of is or their oReers, agents or employees in aforesaid, the Sella hereby agrees to assume the defense Hereof used an defend the more at the Sellers own expense, to pay any and all cars, charges, anomeys fees and other expenses, any and all judgments that may be remred by or obtained Nimmem the Purchaser or any of its ar their officers, .gems or employees in such suits or other proceedings, and in rase judgment a other him be placed apse or obtained against the property ofthe Purchaser, or said portico in or as a result ofsuch suits or other proceedings, the Sella will at oma muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contraors shall take all safety precautions, famish and inndl all gwrds necessary for the prevention of accidents, comply with all laws and regulation with regaff in aafery including, but without limitation, the Occupational Safety and Health Act of 1970 and all elm and talismans, issued pursuant themo. Revised 07n014