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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215160Fort Collins PURCHASE ORDER Date: 01/12/2015 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 3215160 1e12 This number must appear on all invoices, packing slips; labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015CONTRACTUAL 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 Total Pay terms net 30 days Invoice Address: 14I6lr114ll City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By swore the City of Fort Collins is exempt from state and local taxes. Ow Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exempaion Centigram, of Registry, 84fi 597 is registered with the Collector of Failure of the Purchaser to insist upon inner Performance of the terms and conditions harm(, failure or delay To Integral Revenue, Denver, Colorado (Ref Colorado Revised Statues 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, figure to Rempdy notify The Seller in the event of a breech, the acceptance of or Payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due To failure m men specifications, either when shipped or due to defects of any of The warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon matt performance hereofor my ofits rights or remedies as many such goods, regardless instructions from the City of Fort Collins of when shipped, received or rectorial, as to any pnor or subsequent default hereunder, nor shall my purposed oral modlficmlm or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject o the City of Fon Collins inspection on arrival. herrof Final Acceptance. Receipt of the merchandise, services or equipment in response Or this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. auTlmm naed payent on me pm of the City of Fort Collins However, it is to be undewoad thatFINAL Seller and the Purchaser rewgnim than in actual economic practice, overcharges resulting from antitrust ACCEPTANCE isdependem upon completion of all applicable required inspection procedurewi. vglaboas are in fact home by The Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collin; CO 80522, mless acquired under federal or snare mtiarust laws for such overcharges relating Or the particular goods or services otherwise spacifed on this order. if pemission is given to prepay freight and charge separately, the onp anal freight purchased or acquired by The Purchaser pursuam to this purchase order. bill most accompany invoice. Additional charges for picking will not be ruccEW. Shipment Distance. Where mmufacturers have distributing points in victims parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cosy all necessary permits, certificates and licenses required by all applicable was, regulations, ordinances and was of the state, municipality, mrrimry or poliTical subdivision where the work is performed, or required by my other duly constimmd public authority having jurisdiction over the work of vendor Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss tarred by them by reason of an asserted or esablished violation of my such laws, regulations, ordinances, rules and requirements. Authodmtion. All parties to this contract agree than the representatives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The terms and conditions stated herein w fordi and my ga plementary or additional Terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions imposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam arneed. Time is of the assence. Delivery and performance must be effected within The time saved on the purchase order and the documents mached hereto. No acts of The Purchasers including, winning IiMutioo, ameptmce of pmiai late deliveries, shall aPenm as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shell not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such ants of God, acts of civil or military aurhorges, goveranrenW priorities, fires, sakes, Flood. epidemics, wars or hors provided that notice of the conditions causing such delay is given to she Purchaser within five (5) days of the time ohm the Seller for received knowledge thereof In the event of my such delay. the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrens than all goods, articles, materials and work covered by this order will conform wink applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted stmdard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage in expense which the rch Puaser may suffer or incur on account of the Sellers branch wmanry. ach of The Seller shall replace, repair or make good, without war in the purchaser, my 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 of my applicable warrmry provided by The Seller after the date of acceptance of the goods Trimmed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend mail damages prowmandy caused by The breach of my of The foregoing..iias or guarantees, but such liability shill in no event include loss of profis 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 Purchroran may make y changes in the other Nan legal to including addlti or deleo ns from Thme qutities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRecrs The amount due or the time of performance hereund, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wntten change order, terminate this agreement as to any or all portions of The good Then not shippctL subject to my equitable adjustment between the parties as m my work or materials than in progress provided than The Purchaser final not be liable for my claims for anticipated profits on the uncompleted portion of the goods -&or work, for incidental or consequential damages, and That no such adjustment be made in favor of The Seller wide respect to my goods which are The Sellers standard stock. No such termination shall relieve The Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADfUST,MENT. Any claim for adjustment mast be asserted within thirty, (30) days from The date The change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmts Nat all goods sold hereunder shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which The goods are subject. The Seller shall execute and deliver such documents as may be required Or effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoryorated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of de Sellers failure to comply with such law. 9_ ASSIGNMENT. Neither parry shill assign, transfer, or convey this order, or my monies due or to hewme due hereunder without The prior women consent of the other parry. 10. TITLE. The Seller warrants fall, clear and reresmaed rifle Or The Purchaser for all equipment maenads, and sae. famished in performance of This agreement, free and near of my and all hens, reanictions, reservations. s«unty interest mcumbrmces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If The Purchaser directs The Seller Or wrzect 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 wiN such work. The Seller shall release The Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply wen in The event of fault of negligence of the parry released and shall extend m The directors, oRmers and employees of such parry. The Sellers contractual obligations, including warzmry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by The Purchaser. 10. PATENTS. Whmevxr the Seller is required to use my design, device, marenal or process covered by later, parent trademark r copyright the Seller shall indemnify and mate harmless the Purchaser from any and all claims for inftingemmt by reason of the use of such patemed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of The work. In case said equipment or my pm Thermf or the irnmded use of The good, is in such an held to constitute infnngemmt and the use of said equipment or pan is enjoined the Seller shall, at its own expense and in its option, either procure for the Purchaser the night in continue using said equipment or pens, replace the same with substmtiilly equal but noninGTnging equipment or modify it so it becomes nonimMnging. 15.INSOLVENCY. If the Seller shill become insolvent or bmkmpt make an assignment for me bent of creditors, appoint a reverver or Trustee for my of the Sellers property or business, this order may forhwith be canceled by the Purchaser welarto liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where she Seller is to perform work hereunder, including she services of Sellers Representarive(s), on The premises ofoders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk ma the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or mmenals before Sellers final completion and acceptance, complete the work at Sellers awn expense and as The satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by The Seller, the Seller shall receive, unload, score and handle same at the site and become responsible therefor as though such =eggs and/or equipment were being furnished by the Seller under the order. 18.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, Or its employees employed on or in connection with the work covered by This purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Man slain carry comprehensive ge rernl liability including, but not logical to, contractual and wormobile public liability insurance -gla bodily injury and dean limits of at least S30il far any one person, S500,000 for my one accident and property, damage limit per incident of S400.Wo. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellersor his contractors employees shall do my work upon The premises of others, the Seller shall famish the purchaser with a certificate that such compensation and insurance have been provided. Such cmifcates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inswwce expires. The Seller agrees Thar such compensation and insurance shill be maintained mend after the entire work is completed and weepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumea The entire responsibi In, and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of The work provided for in This purchase order or in connection h rewiTh. The Seller will indemnify and hold harmless the Purchaser and my or all of The Purchasers officers, agents and employees from and against my and all claims, losses, damages. charges or expenses, whether dmeer or indirect and whether To persons or proPemy To which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pm of the Seller, any of his connotations, or my of The Sellers or contractors officers, agents or amployees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of The Seller crony of his contractors or any of its or their officers, agents or employees as aforesaid, The Seller hereby agrees m assume the defense Thereof and as defend the same at The Sellers own expense, to pay my and all costs, charges, attomeys fees and other expenses, my and all judgments Am may he incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such suits or other proceedings, and in rue judgment or other lien be placed upon or obtained against the property of the Puobinw, or said panies in or as a result of such suits or other proceedings, The Seller will at once cause The same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors snail take all safety precautions, famish and install all guards necessary far the prevennon of accidents, comply with all lawn and regulations with regard to safety including, but without litttimtlon, the Occupational Safety and Health Act of 1970 and all ules and regulations issued pursuant Thereto. Resiwd 07n014