HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215327PO
PURCHASE ORDER 321532er Page
City. of15327 7of2
' `t Collins( his number must appear
V " 1 1 on all invoices, packing
�sllps and labels.
Date: 01/13/2015
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS "
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: WILSON, JILL
Note:
Line Description - Quantity UOM Unit Price Extended
Ordered Price
1 2015 Annual 1 LOT LS 60,000.00
Funds for various City Dept.
;'
�,il P,4
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
Total $60,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City or Fon Collins is exempt from safe and Imal tales. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Ce ti0cam of Registry 84-6000587 is registered with the Collector of
linemat Revenue, Deaver. Colorado (Ref. Colorado Revised Satutes 1973, 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 Mmit, may be mumm to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Imp ctiou GOODS are subject to the City of ran Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, scrvices or equipment in response to this other can result in
authorized payment on dre pan of the City of Fog Collins. However, it is to be understood Chat FINAL
ACCEPTANCE s dependent upon Coapl,ion of all applicable required inspection procedures.
Freight Terms. Shipments most M F.O.B.. City of Fog Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwim spmifed on this right. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Whcre manufanurers have dionbuting points in vVions putts of fie country, shipment is
expected fmm the nearest distribution point to deslinmion, and excess freight will be deducted from Invoice when
shipments are made from greater connote,
Permits. Seller shall procure at sellers sole cost all necessary pemtirs, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, I marry or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller fanner agrees to hold the City of Fog Collins hanaless from and against all Imbilay and has
incurred by them by reason of an Covered or established violation of any such laws, regulatioru, ordinances, rates
and requirements.
Authorization. All parties ht this contract agree that the representatives we, in fact, was fide and posxas full and
omplem authority to bind said pairs.
LIMITATION Or TERMS. This Purchase Order expressly limits acceptance m the toms and conditions sated
herein set forth and any supplementary or additional mutts and conditions annexed hereto or incorporated herein by
reference. Any additional art different tarns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arive on your
promised delivery date as noted. Time is of the essence. Delivery and performance mutt be eReded within the time
stated oa the purchase aide, and the documents attached hereto. No acts of Be, Parohma including, without
limitation, acceptance of parial late deliveries, shall Manor as a waiver of Nis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal aM equitable remedies, the option of placing this order elsewhere
and holding five Seller flush, for damages. However, the Seller shall not b, liable for damages m a result of delays
due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegliganee,
such acrs ofGad, acts of civil or military aulhoritia, goveromenul pnomies, fore,, makes, floor, epidemics wars or
nos provided that nice of the conditions causing such delay is given ,o the Purchaser within five (5) days of the
time when the Seller first received knowledge therm[ In the even of any such delay. the daze of delivery shall he
extended for fire pmm rqual to rise time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wamano tM, all goods, ariclof mmerms and work covered by his order will covtom with applicable
drawings, specifications, sampla tabor miser dacriptiom given, will be, fit for the purposes intended, am
perfomtm with Ne highest degree of care and compcfence, Of accordance with acuprod samards for wok of a
imilar nature. The Seller Carta to Mid Ore purchaser barriers fmm any loss, damage or expense which rise
Purchases may suit or incur on account office Sella breach of warranty. The Seller shall replace, repair or make
good, without cosuo the p.rh ,. any defects or faults arising within one (I) year or won. such longer period of
time as duty Be prescribed by hw, a by the tear of any applicable warranty provided by the Seller after the date of
acceptance of rise goods fumishm hate under (accep=M not to be unreasonably delayed), resulting from impeached
or defective work done or materials fumishm by the Sella. Acceptance or use of goods by the Purchaser shall or
fonstimm a waiver of any claim under this separately. Except of otherwise provided in this purchase order, due Sellers
liability hermnder shall extend do all damages proximately caused by the breach of any of dive foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or toss 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 mum by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the macs, other than legal tears, including amitiom to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change other. If any such
Change offers the amount due nr the time of,fifir mnnce hecanuh r, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written Change order, tamirmre this agreement as many or all portions of the
gdMs then not shippesk subject to Coy equitable adjustment between the panics as many work or -,coals than in
progress provided that life Purchaser shall not be liable for any claims for anticipated prrfts on the —Competed
portion of the gams and/or work, for incidental or consequential damages, and Nat no such adjustment be made in
favor of the Seller with respect to any gcuds which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any ortheir obligations is, to any goods delivered hereumer.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mutt be cooed within thirty (30) days from the date five change or rumination is
o d red.
8. COMPLIANCE WITH LAW.
The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and fumishal in said
compliance with ell applicable laws and regulations to which the goads art mbjmt. The Seller shall execute and
deliver such documents as may be required m effect or evidence compliance. All boos and regulations required to be
incmpom,m in agreements of this clu meter ate hereby incoryomfed herein by this refereaer. The Sella agrees to
indemnify and hold the Purchaser hmblcu from all costs and damages cuff d by the Purchaser as a result of the
Sella fall=to Comply wit such hw.
9. ASSIGNMENT.
Norther party shall assign, Imm(, or Convey this order, or any monies due or to become due hereander without the
Prior wrong consent of IM other party.
10. TITLE.
The Seller warrants full, clear end unratrined title to the Purchaser for all equipment, Mongols, and items Submitted
in performance of this agreement, free and clear of any and all liens, ramcti.m, reservations, security interest
encumbrancer and claims of. tiers.
11. NONWAIVER.
Failure of the Purchmtt to insist upon strict performance of the actions and conditions hereof, failure or delay to
coercive any rights or Ceramics provided Main or by law, failure in promptly notify the Seller in the event of a
breach, the acceptance of or p Mr.' for goods hereunder or approval of the design, shall not release the Seller of
any of the warrenIia or obligations of this Purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hcre.for any of its rights or remedies as to any such goods, regardless
of whan shipped, received or samprcd, as to any prior or subsequent default hereunder, nor shall any purposed
am[ dmdifcation or rescission of this purchase order by the Purchaser operate is a waiver of any of the team
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in ,mat momend, practice, overcharges resulting from antitrust
violations. in fan borne by Ore Purchaser. Theretofore, for good taus am as re aiderdlim for re recting Nis
purchase order, the Seller hereby assigns to the Pmchmer any and all claims it may now have err limit
acquired under federal or sate antitrust law, for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dirms the Sella to correct nonconforming m defective goods by a dam 0 be agreed upon by the
Pumhmer and the Sella. and the Seller thermRer indicates its inability or mwiRmgaess in comply, the Purchaser
may exam ,he work for be performed by the mutt expedition mmm available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its Contractors of any tier from all liability and claims of any nature
resulting from the 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
that oRicas and amployces of such party.
The Sellers c arommul ablitinfcol, including warranty, shall not m deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATF.NI'S.
Whenever the Scllcr is required to use any design, device, material or process cove d by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inMngement
by reason of the use of such pzlenfed 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 prosecution or alter the completion of the work. In Case said equipment, or
any pad thereof or the intended use of the god, is in such suit held m camtitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at is awn expense and st is option, either procure for the
Purchaser the right to continue using said equipment or pass, replace the same with substantially equal but
noninfringing equipment, m ramify it so it becomes noninfn'nging.
15. INSOLVENCY.
If the Seller shall become insolvent or badropl, make of assiptmead for the bete(, of Creditors, appoint e
member or hustee for any of Otc Sellers pmprny, or business, this order may far will, be mnmiVI by fire
Purchaser wlthour liability.
16. GOVERNING LAW.
The definitions of terms tared or the interpreation of me agreement and the righs of all Isanies hereunder shall b,
Consttued under am governed by the lass of the Safe ofColawks, USA.
The following Additional Coblitions apply only th Cases where the Seller is to perform work hereunder,
including the saica ol'Sidlers Represenarfve(r), on the premisesof orers.
❑. SELLERS RESPONSIBILITY.
The Sella shell cant' as said work at Sellers ova risk until the same is fully Completed Cud accepted, and shall,
in au of any accident, destruction or injury to the wok arbor numriah before Sellers final completion and
acceptance, Complete the work at Sellers own expense am to fire satisfaction of the Purchaser. When matmals
and equipment are famished by offers for installation or erection by the Sella, the Seller shall receive, unload,
store am handle same at the site and become rtspoosible therefor as though such materials arbor equipment
were being famished by the Seller under the outer.
18. INSURANCE.
The Seller shall, at his awn expense, provide for fire payment of workers compensation, including occupational
disease benefd, to its cmployces employed on cr in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sum is which the work is to be done. The Seller
shall also entry, comprehensive general liability including, but not limited to, contmetoal and automobile public
linnile, incur ace with bodily injury .,it death liras of at lest $300 000 for any one person S500,000 for any
one accident and property damage limit per accident of $400,O00. The Sella shall likewise require his
untractors, if any, on provide for such counpoinvation and imumnce. Before any of the Sellers or his Contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates ,ball specify the date when such
ompcnsalion and insurance have been provided. Such certificate shall specify the date when such Compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until inertia
entire work is completed and acceptor.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell,, hereby assume the entire responsibility and liability for euv and all damage, loss or injury of any kind
r nature whamoever to persons or property caused by or resulting fmm the execmlou of the wok provided for in
this purchase order or in formation herewib. The Seller will indemnify and hold hornless the Puchaer and any
r all of the Purchaser officers, agents and employees from and against any and all claims, Imses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may
be put or subject by grown of Coy mt, anion, neglect. omission or default on the pan of Be Seller, any of his
contactors, or any of the Sella m contractors offerers, agents or employees. In case any suit or other
proceedings shall be brought against the Pmchoer, or is officers, agents or employees at any time on account or
by reason of any act, action, matters, omission or default of the Seller of any of his reactants or any of is or
Bair o1Rca, agents or employees as aforesaid, she Seller hereby epees to assume the defemc tMrrof am for
defend the same at de, Sella own cxpertu, m 1Y MY and all cats, charges, McCann fees Cud other rxpemes,
any and ell judgrnenm chat may be incurred by or ubumed agalret the Purchaser or any of Is or Neu officers,
agents or employees in such auto or other proceedings, and in case judgment or other lien be placed upon m
obtained again the pmpcny of the Purchaser, or said ponies in or as a result of such suits or other Proceedings,
the Seller will at rue cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and
his commnors adult take all Met, pm.iom, famish and recall all guards necessary for the pmention of
accidents, comply with all laws and regulation with regard to safety includingi but without limitation, me
OCCOndiand Safety and Hea1N An of 1970 am all ales and regulations issued pursuant thereto.
Revised 07rz014