HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150342PO
PURCHASE ORDER 915034er Page
C117/ of PURCHASE
50342 t of z
' `F6rt Collins( his number must packing
` V �7 on all invoices, packing
sli s and labels.
Date: 01/14/2015
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS **
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/14/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Permit Fees and Materials 1 LOT LS 15,000.00
Light & Power
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
Purchase Order Terris and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By a.tue, the City of Font Collin a exempt fmm some and local tears. Our Exemption Noun is
11. NONWAIVER.
9844502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registetd with he Collector of
Failure of the Purchaser to insist upon shim perfomwce office tames and renditimss hereof, failure Or delay to
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify for Seller in the event of a
branch, the acesa ofm payment fin Gods herwder or approval offs design, shall rut ml. the Seller of
Good Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of
any of red attenuations or obligations of this purchase order and shall not be darned a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon Ovarian of wrinen
purchaser to insist upon strict performance harmfor any ofits rights ornmedies as to any such goods, regardless
instructions form the City effort Collins.
of when shipped, reserved or accepted, as to any prior or subsequent default hereunder, nor shall any purprted
cal modification of rescission of this purchase order by the Purchaser operate n a waiver of any of the terms
Inspection GOODS arc subject. the City of Fort Collins inspection on arrival.
harrof.
Final Acceptance. Receipt Of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT Of ANTITRUST CLAIMS.
affl o and payment on the pan of the City of TOO Collins. However, it is to be understood that FINAL
Sella, and no Purchaser recognize thin in actual a m is practice, overcharges resulting fmwiiwst
ACCEPTANCE is dependent upon completion ofall applicable requital inspection procedures.
violations art me in fact hoby fe Turned. Theretofore, forgoodcause and in consideration for executing this
purchase ordeq the Seller hereby resigns to the Purchaser any and all claims it may now have or hoomthd
Freight Tema. Shipments taus be F.O.B., City of Fun Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under fled or state antiwsl laws for such overcharges relating to the particular good or earners
Otherwise specified on this coder. Ifpa now. is given to prep y freight and charge separately, the original freight
purchased or acquired by the Peachawr pursuant to phis purchase order.
bill must recommnv invoice. Additional charges for r akin, will not be worried.
Shipment Distance. Where manufacturers have distributing Aims in vistriout pans of the country, shipment is
,xpeded fmm the notion distribution point to destruction, and excess freight will be deducted from I... cr when
shipments are made from greater do...
Permits. Seller shall procure at sellers sole cost all ancestor, pemtits, cenifcams and grounds rwuird by all
applicable laws, regulation, ordinance and tales of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly mistimed public authority hating jurisdiction over no work
of vendor. Seller further agrees to hold the City of Pon Collins hamlrss from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulation, Ordinances, tales
and ra,ardarner.
Authorization. All parties to this contract agree that the reprosenlatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the rams and conditions suited
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are Objected to and hereby rc,ded.
2. DELIVERY.
PLEASE ADVISE PURCHASEO AGENT immediately if you cannot make complete shipment to arrive on your
permitted delivery air as amid Time is of foe... Delivery ad prrfomunm most be eQvted within the time
stated on the purchau order and the documenei attached hereto. No ans of the Purchasers including, without
limitation, receptors, of punial late ddiverin, shall.,., n is waiver often provision. In ode an, of any delay,
the Purchaser shall have, in edition to who, legal aW equitable remedies, the option of placing ran odor elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays
due to maws not reawwbly fx.able which we beyond its reasonable area ad without its fault oftergligrnce.
such aces of Gd, acts of civil or mili.ry authorities, permission] priorities, Tres, strikes, flood, epidemics, wars or
riots provided that notice of the condition tuning such delay is given in ode Purchaser within five (5) days of the
time whin the Seller four receivd knowledge feremf. In the event of any such delay, the date of delivery shall be
extended for the paid equal to no time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all gods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes wound, And
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar recur. The Seller agrees to hold the pamneser harmless from any loss, damage Or expense which 'he
Purchaser may author Or incur on account Of the Sellers breach of edrnmr, The Seller shall replace, repair or make
grad, without cost to the purchaser, any defects or faults mining within one (1) year or wifm such longer padod of
time for may be ptncribed by law Or by the terms i fany applicable warranty pmorided by be Seller end the date of
acceptance of the grads finished bereavder (acceptance tut to be unreasonably delayed), resulting fmm imperfect
in definitive work done or materials finembed by the Sella. Acceptance or me of goods by the Purchaser shall oaf
connate a waiver Of any claim under this waranry. Except n whervise provided of this purchau order, the Sellers
liability hereunder shall extend. all damages proximately mound by the breach Of any of the f going wommares
or guareames, but such liability shall in ao rent 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.
no Purchaser may make changes to legal terms by women change under.
5. CHANGES IN COMMERCLAL TERMS.
The Purchaser may make any changes .the terms, other than legal not including additions . or deletions from
the quaninics originally ordered in the sped ficaumns or drawings, by verbal or wrinen change order If any such
change affects the amount due or the time ofcerfomtnnce hercander. an equitable adjustment shall be made.
6. TERMINATIONS. itt The Purchaser y at any time by wren change order,terminate this agreement as .any or all pmntiom of the
goods then not shipped, subject to any equitable adjustment between the panics. to any work Or .amen than in
pmgrbss provided that the Purchaser shall not be liable for any claims for an[idlard forms on be uncompleted
portion of the good and/or work, for incidental or comequrmial damage, and Our na such allotment be made in
favor affair Solid with trained a any goods which are the Sellers standard stock. No such termination shall relieve
the Purchased Or the Seller Of-, offeb obligations as. any goods delivered hereterdd.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjntmmt mnst br asserted within furry (30) days fmm the date the change or nomination is
nodded.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in srrid
compliance with all applicable laws and regulations . which the grad are subject. The Seller shall execute and
deliver such documents as may or required to effect or evidence compliance. All laws and regulations required to be
ncorpommd in agreements Of this character we hereby incorporated herein by this reference. The Seller agrees m
indemnify and held he Purchased Families form all costs and damages suffered by the Purchaser as a .all of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall .sign, transfo,, or convey fix order, or any..aid due or to become due hereunder without the
prior written consent of the other Emery.
I O.TITLE.
The Seller wamnts full, clear and tord, rived fide to the purchaser lam WI reuipmmn, materials, and it. famished
in performance of this agreement. fro and clear of any and all liras, mtriction, intervention. security interest
rncmnbrances and claims ofofers.
13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller. tarred nonconforming Or defective good by is at, to be si o d upon by the
Purchaser and foe Sella, and the Seller fereaner indicates its inability or mewillitmorss to comply. the Purchar,
may raise Oe work to be perfurtnd by the most expeditious means available to it aud the Seller shall pay all
cots aasocfnd with such work.
The Seller shall relearn she Purchaser and its com.dors of any tier from all liability and claims of my wore
resulting rum the performance ofsuch work.
This release shall apply even in the boom of fuel, of negligence Of the parry released and shall extend he the
dire[.., dFores and employees ofsuch Party.
The Selle(s contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
sect work is performed in caused to be pdRmnl by he Purchaser.
14. PATEN I'S.
Whenever the Seller is mluired to use any design, device, material Or process covered by lent,, patent, trademark
or copyright, the Seller shall indemnify and save homeless the Purchaser from any and at I claims for infringement
by reason of the me of such p.nted deign, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it maybe Obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan fereof or the intended use of the goad, is in such suit Feld to constitute infringement and foe use of
said cquipmbnt m pan is joined, flee Seller shall, in its own expense and at in option, offer promre for the
Purchaser the right to continue using .id equipment or parts, replace foe same with substantially equal but
non infringing ar,'"re, or modify if w if beramo noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bandrep, make an assignment for no benefit of creditors, eppoino a
or ha5fee for any of the Sellers property ar business, this order may forthwith TO canceled by the
Purchaser without liability.
16. GOVERNB4G LAW.
The definitions oftews and of the in d,mo min of the agreement and the rights of all panics hereunder shall be
msmomed under and governed by the laws ofthe Suite of Colorado, USA.
no following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellm Reprexntative(s), on the premises efodarn
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllcrs own risk mail the same u IWIy completd and accepted, rand shall,
in rase of any incident destruction or injury to the work and/or matdah before Sellers final completion and
oceptance, complete the work at Sellers own expeme and to the sackfacdon Of the Purchni Whim materials
and equipment are fmnbed by otters for installation at mention by the Scud, the Seller said receive, uniform,
store and handle same 9 the site and become tdponible therefor as though such materials mum equipment
want being fumishd by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for foe payment of workers transformation, including Occupational
disease benefit, to its employers employed on or in connexion with the work covered by this purchase order,
and/or to their depeodrnu in acmNmce with the laws of the sae 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
liabil iV insurance with bodily injury and death limits or at least 530Q000 for any one person, S500 00. tar any
one accident and property damage limit per accident of $41M,000. The Seller shall likewise require his
ontmetom, if any, to provide for such compensation and insurance. Before any of the Sellers or his cmnnactors
employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a ceerifeate
that such compensation and insurance have been provided Such cenificatn shall specify, the are when each
compensation and immunce have been provided. Such certificates shall specify the date when such compensation
and IMWMCC expire. The Seller agrees that such component— and insamence shall ber main.ined until once the
entire work is completed and vc,pnd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller herby assume the entire rnpronsibiliry and liability for any and all damage, loss at injury ofany kind
r mature whatsoever aperson or property mused by to resulting fmm farradars. of the work pmvidd for in
this purchase mdm in is connection herewith. The Solid will indemnify and hold hero fled far Purchaser and any
or ell of foe Purchasers officers, agents and employees fmm and agaimt any and all claims, lasses, damages,
charges or expemes, whether direct or afford, and whether W person, or property to which foe Purchaser may
be put or subject by reason of any act, action, realm, omission or defaWt m the pm of the Seller, any of his
convectors, or any of %e Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against foe Purchaser. Or its officers, agents or employees at any time on account or
by rcawn of any act action, needed, omission or default of the Seller of any of his eonmec.n, or any of in or
their officers, agents Or employees in aforesaid, the Seller hereby agrees to assume the defense thereof and in
defend the same at the Sellers own expense,. py my and all coin, charges, attorneys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser Or any of its or their officers,
agents or employees in such suits Or other promdings, and in case judgment Or other lien So placed upon or
obtained against the propny of foe Purchaser, or mid panics in or as a result of such suits or other proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving Fund or oferwise. The Seller and
his contractors shall take all safety precautions, fumish and install all goads read scary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Comfort.] Safety and Health Ad of 1970 and all roles and regulations Ord pursuant thrown,
Revised 07nOI4