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HomeMy WebLinkAbout175445 CITY OF FORT COLLINS - STREETS DEPT - PURCHASE ORDER - 3215187Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 175445 CITY OF FORT COLLINS - STREETS DEPT " CHECK TO DEPT'" PO Number Page 3215187 1e12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order Utilities 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Taxexemptions. By ste,um me Ciry o(Fon Collins is exempt fmm state and hoed taxes. Our Exemption Numberis 11. NONWAIVER, 98-04502. Feder Excise Tax Exemption Certificate of Registry 84-60(ti is registered with the Collector of Failure of the Pluchaser to me st upon strict peif trman. of the terms and conditions 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 acceptance of or payment for goods herewder or approval of the design, shall not release the Seller of Coeds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in trawt, may be returned to you for credit and are =1 to be replaced except open rettlpt of woman purchaser by Twist upon Strict performance hereof or any of Its rights or remedies as to any such goods, regardless instrairms, from the City of Fort Collins. of when shipped, received or accepted as to any prior or subsquent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hecri Final Acceptance. Receipt of the merchandise, services or equipment in response a this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorised payment on the pan of the City of Pon Collins. However, it is to be, understood that FINAL Seller and the Purchaser rero8pies that in actual economic practice, overcharges resulting from =ticant ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact Some by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and Al claims it may now have or hereafter Freight Terms. Shipments man be FO. B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is givm to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill most accompany invoice. Additional charges for pocking will tut be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manfiscmrers have disributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to dowbuvn, and excess &eight -11 be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or mcillingness 10 comply, the Purchaser shipments are made from greater distance. 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. Permits. Seller shall procure at sellers sole m,I all necessary permits, cenificme and firemes rox,wryl by all applicable laws, regulations, ordinances and toles ofhe state, mwicipaliry, termer,, or political subdivision where The Seller shall release the Purchaser and its contractors of env her from all liability and clalrtw of my nature the work is performed, or required by any other duly consdmred public authonry having jurisdiction over the work resulangfrom the performmceofsuch 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 owned or established violation of my such laws, regulations, ordinances, toles This release shall apply wen in the event of fault of negligence of the parry released and shall extend to the and requirementsdirectors, officers and employees of such parry. Authoritarian. All parses to this contract agree that the representatives are, in fact. bona fide and possess full and complex mthodry m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my xWplemmtary or additional terms and conditions arrived hereto or incorporated herein by reference. Any additional or ddfiarmuarms and conditions pmposW by seller are objected to =d hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immediately if you canna make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfamma most be effected within the time zoned on the purchase order and the documents attached heard No acts of the Purchasers includin, without limitation, acceptanceof partial lam delldrie, shill operateas a waiver of this provision. In the event of =y delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of plwing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably Convertible which are beyond its reasonable control and without its fault of negligence. such arts of Cud, was ofciell or military aWwntics, govecomenul prior iw, fires, strikes, Raid epidemics, wars or hots provided that notice ofthe conditions causing such delay is given in the Purchaser within five (5) days of the time when the Seller first received knowledge hereof, In Ore event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wdrranu that all goods, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples arbor other descriptions givm, will be fit for he 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 he purchaser harmless from my loss, damage or expense which he Purchaser may suffer or incur on account of the Sellers breach of wauanry. The Seller shall replace, repair or make good, without cost to he purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prucnbod by law or by the terms of my applicable w it provided by the Seller ale, the &to of acceptance of the goods furbished hereunder (eccep,mcc not be unreasonably delayed), resulting from imperil or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except as otherwise provided in this pumhwe order, the Sellers liability hereunder shall extend a all damages proximately caused by the breach of my of the foregoing war annex or gttxrmaes, but such liability shall in an 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 make changes to legal to. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions a or deletions from me quantities onginally ordered in me specifications or drawings, by verbal or wrnen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change over, resonant this agreement as to env or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided hen the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods mdbr work, for incidental or consequential damages, and that no such adjustment be made In favor of the Seller with 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 gad delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within harry (301 days from the date the change or termination is .,dared. g. COMPLIANCE WITH LAW, The Seller warrants that all geode said hereunder shill have been produced cold, delivered and famished is stnct wmplimce with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be municipal in agreements of this character are hereby incorporated herein by his reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wanes consent of the other parry. 10. TITLE. The Sol let warrants full, clew and unrestricted title to me Purchaser fir all equlpmem, materials, and in. furnished in performance of his agreement, free and clear of any and all liens, restrictions, reservations, security interest me pplan ces and claims of others. The Sellers contractual obligations, including wonmry, shall not be deemed a be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by loner, patent mandemark r copyright.the Seller and] indemnify and save hamJes the Purchaser fmm my and all claims for infringement by reason of the use of such parented design, device, contend or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged,a pay by reason o£such infringement at My time during the prosecution or after Ore component of the work. In ewe said equipment, or my pan tresea f or the intended use of the goods, is in such suit held to constim a infringement and the use of said equipment or pan is enjoined the Seller shall, at its own expense and ad its option, either procure far the Purchaser the right ,o continue using said quipment or parts, replace the same w,th substantially qua but nounfringing equipment, or modify it so it becomes norafringing. 15_INSOLVENCY. If the Seller shall become insolvent or b=knrdt, make = assignment for don beach, of credi ws. appoint s revolver or m for my of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW, The definitions of terms used or he interpretation of the agreement and the rights of all parties hereunder shall be reruuued =do, and governed by he laws of he Sue of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reposentativap), on the premises ofohers. 17. SELLERS RES ONSIBILIIY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and accepted and shall, in arse of my accident, destruction or injury to Ire work and/or materials before Sellers find completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, he Seller shall receive, =load, same and small same in he site and became responsible therefor as though such =ends and/or equipment were being famished by he Seller =der the order. 19 INSURANCE The Seller shall, at his own expense, provide for he payment of workers compensation, including occupational disease benefits, in its employees employed on or in co=ection with the work covered by this purchase order, =&or be their dependents in wrordance with the laws of the state in which rise work is to be done. The Seller shall also carry comprehensive general liability including. but not limited In contactual and automobile public liability insurance with Ndily injury and deem limits of Or least S300,WO for any one person, $500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his omractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a sort re e that such crannisanymon and insurance have been provided. Such comfortw shall specify the date when such compensation and insurance have been provided. Such certificates shill specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained can after he entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused 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 Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or progeny to which she Purchaser may be put or subject by season of my tut, action, neglat, omission or default on the pm of the Serer, my of his contractors, or my of the Sellers or contractors officers, agents or employee. In case my suit or other proceedings shall be brought amosnhe Purchase or its officers, agents or employees at my time on account or by to. of my act, action, neglwt, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees co aforesaid, the Seller hereby agrees to assume the defense therepf and to defend the same at he Sellers own expense, as Pay any and all casts, charges, attomrys fees and he, expenses, my and all judgments that may be incurred by or obtained aimed the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other Jim be placed upon or obtained against the property ofthe Purchaser, or said parties 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 otherve se. The Seller and his contractors shall bake all safety precautions, tumid, and install all guard nwewary for the predation of accidents, comply with all laws and regulations with regard to safety including, but warhead limitwion the Occupational Seery and Health Act of 1970 and all ndes =d regulations issued pursuant hereto. Revised 07I2014