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HomeMy WebLinkAbout104009 FEDEX CORP - PURCHASE ORDER - 3215210PURCHASE ORDER NumberPO Page City Of^ 321521215210 1012 This number must appea�r Collins on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 104009 Ship To: WATER UTILITIES FEDEX CORP CITY OF FORT COLLINS P O BOX 94515 700 WOOD ST PALATINE IL 60094-4515 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: 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 1 LOT LS 4,000.00 Shipping 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.com Total Pay terms net 30 days Invoice Address: ybp)frUl City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tow exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Canificare of Registry 84-6000597 is registered with the Collector of Imemal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due w failure no meet specifications, either whin shipped or due w defects of damage in nowiL may be returned to you for credit and on, rot be be, replaced except upon receipt of written insnYctions from the City of Fort Collins. Inspection GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Reactor of the merchandise, s ,Mr. or equipment in response to this order can result in authors d payment on the part of the City of Fort Collins. However, it is to be mdermood thas FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F O.B., City of Fort Collins, 7W Wood St_ Fon Collins, CO 80522, unless otherwise specified on Mist oiler. If parmissinn is given m prep% Ecighr and charge aauarmdr. ,he original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing pain¢ In various pans 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 cost all necessary Fnmim, certificates and licenses required by all applicable laws, regulations, whimsies and rules of me sum, municipality, morm ry or political sutwhyt, on where the work is performed, or required by my other holy constituted public authoury having jurisdiction over the work of candor. Seller foaher 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 my such laws, regulations, ordinances, rules and requirements. Authoricamum. All parties w this contract agree their the represenmtives are, in fact bona fide and possess full and complete studying, to bind said games. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and conditions arched herein set (oM and my supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or diffierom show and conditions proposed by seller are objected w and bereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is of the assume Delivery and performance most be effected within the time steed on the purchase order and the documents anachad hermw. No acts of the Purchasers including, without limitation, acceptance of partial late deliusriM shall almost. 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 afflicting this order elsewhere and holding the Seller liable far damages. However, the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, aces of civil or military authorities, govemmenta priorities, fires, strikes, flood epidemics, wars or riots provided that notice of the 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 event of my such delay, the date of delivery shall be extended for the period equal in the time actually two by reason of the delay. 3. WARRANTY. The Seller warrants Char all goods, articles, materials and work covered by this ocher will conform with applicable drawings, specifications, samples andlor other descriptions gives, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless "in my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost w the purchaser, my defects or books arising within one (1) year or within such longer period of time as may be prescribed by have or by the terms of my applinble wamanry provided by the Seller after the data of acceptance of Me grad famished hereunder (acceptance not to he unreasonably delayed), ,uulting from imperfect or defective work done or materials fumiahed by the Seller. Acceptance or use of good by the Pumhaxr shall not constitute 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 warraraias 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. a. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the come, other than legal terms, including additions to or delefions from the quarruces originally ordered in the specifications or drawings, by vema or written 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 any time by woman change order, terminate this agreement as to any or all ports of the goods then not shipped, subject to my equitable adjtsmratt berwean the parties as to any work or materiasthan in progress provided that the parchwer shall not be liable for any dams for antidWted profits on the uncompleted portion of the goods medlar work for incidental or consequenaa damages, and that no such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is omeral g. COMPLIANCE WITH LAW. The Seller warrants that al goods sold hereunder shot have hem produced, sold, delivered and furnished in strict compliance with of applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bald the Purchaser harmless from all costs and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer, or convey this order, or my monies due or to became due hereunder without the poor wnhen consent of the other party. 10 TITLE. The Seiler warrants full, clear and unrestricted tide to Me Purchase, for al equipment, materials, and items famished in perfomtance of this agreement free and clear of any and all liens, restrictions, reservations, sauory interest encumbrances and clams of others. 11. NONWAIVER. Fzllure of the Purchaser to insist upon strict pci fomerve of the terms and conditions herof, failure or delay to exenay rights or remedies provided herein or by law, failurem to proptly notify the Seller in the event of a breach, anthe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the worrantiu or obligations of this purchase, order and shall not be deemed a waiver of any right of the purchaser to insist upon inner performance hereof or my of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported ore! modification or rescission of this purchase order by the Purchaser operant as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser raoguae that in mtua coursom, practice, overcharges resulting from antitrust violations are in fact home by the Pmchaser. Thereamme, for good carm, and as consideration for executing this purchase order, the Seller hereby assigns to the purchaser my and all clams it may now have or hereafter acquired under federal or sane mtitmst laws for such overcharges relating an the particular good or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective good by a date w be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness w comply, the Purchaser may, rouse the .,it w be performed by the most expeditious means available to iL and the Seller shall pay all costs assmcisted with such work. The Seller shall «laic the Purchaser and its contractors of any tier from ill liability and claens of my nature esuldng from the performance of such work. This release shall apply even in the even, of fault of negligence of the parry released and but extend w the direcwrs, officers and employees of such parry. The Seller's contractual obligations, including wammry, shall not he do mxi w be reduced, in any way, because such work is ufont or consul to be porbormM by the Purchaser. Iq. PATENTS. Whenever the Seller is required to use any desiym, device, material or process covered N letter, parent trademark r copyright, the Seller shall indicate fy and save harmless the Purchaser from my and all claims for 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 prosecution or after the completion of the work. In case said economical. or my pan thereof or the intended use of the goods, is in such sort held to constitute infringement and the use of sad equipment or pan is enjoined, the Seller shall, st its or expose and to its optic, either procure for the Purchaser the night in continue using said egtopment or parts, replace the same with substantially equal but noninGnging equipment or modify it car it becomes nownGtnging. IS.INSOLVENCY. If the Seller shall become insolvent or hem mph make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The definitions of terms used or the interpretation of the agr«mot and the rights of all parties hereunder shall he amounted under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re owenwtive(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Saller's own risk anal the same is fully completed and accepted, and shall, in case of my accident, decoction or injury in the work andlor materials before Saller's final completion and acceptance, complete the work re Salleh own expense and to the satisfaction of the Purchase¢ Witter nationals and equipment are f rmishal by others for inshalabour or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own eapeme, 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, and/or to their dependants in accordance with the laws of the auto in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited w, conmmwa and war mobile public liability insurance w or bodily injury and death limits of at least $300,000 for my one person, $500,000 for my accidentone and property damage limit per accident of S000,000. 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 my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have hour provided. Sea ceraficaves shall specify the due when such compensation and insurance have been provided. Such aarafiotes shall specify the date when such compmmman and insurance expire. The Seller agrees that such compensation and acquire shall ha maintained coal after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ssmmes the entire responsibility and liability for any and all damage, loss cr injury of my kind or 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 herewith. The Seller will indemnify and hold harmless the Purchaser and my or al of the Purchasers officers, agents and employees from and against my and all clams, losses, damages, charges or eapcases, whether direct or indirecL and whether to pastes or Popery to which the Purchaser may be put or subject by reason of my act, action, negla, omission or default on the pan of the Stile, my of his contractors, or my of the Sellers or contractors officers. agents or amployeas. In case my suit or other procadings shall be brought against the Purchase, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contrachors or my of its or their orccan, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense to pay my and all costs, charges, attomeys fees and other aperaw, my and al judgments that may be incurred by or obtained agaimt the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cue judgment or other Jim be placed upon or obtained against the property of the Purchaser, or sad partias in or as a resit of such suits or other proceedings, the Seller will at once cause she same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shal take Al safety precauloas, fcam li and instil al guard necessary for the prevention of accidents, comply with all laws and regularions with regard to safety including, but without limitation, the Occupational Safety and Heath Act of 1970 and all mles and regulations issued pursuant thereto. Revised 07f2014