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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150343PO PURCHASE ORDER 915034er Page C117/ of PURCHASE 343 1 of z ' `tCollins( This number must appear �.I " 1' 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 Barricades 1 LOT LS 60,000.00 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions- By statute the City of Fort Collins is exempt from sate cord local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifiessm of Registry 84-6(00582 is regismred with the Collcaor of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due in failure in meet specifications, either when shipped or due adefects of damage in transit, may be retumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Accep roe, Raeipt of the merebmrdlse, sanica or equipment in response to this order can result in eulhorical payment con the part of the City of Fen Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures. Freight Terms. Shipments most be PO B., City of Fort Collins, 70) Wood St., For Collins, CO 80522, unless otherwise specified on this order. Upermission is given to Pat freight and charge seriously, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturer have distributing points in various parts of the country, shipment is expected from the nearest distribution point din dedication, and excess freight will be deducted from Invoice when shipments me made from greater distance. Permit, Seller shall procure at sellers sole cost all na., pevnim, certificates and lice®. required by all applicable lairs, regulmiam, Odireem. and roles of the state, municipality, tertiary or peligmal subdivision where the work is performed, or required by any other duly announced public authority having jurisdiction ova the weak of randar. Seller fuller agrees to hold the City of Fort Collins harm. from and against all liability add loss ncurrd by than by mmor arm owned of established violation of my such laws, regulation, ordinances, roles and requir ants. Anlm iaa into All polies tu this contract agree that the representatives ore, in fact, bona fide and rosxss full and ampler authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the terms and conditions stated herein set Ton a and any supplementary or additional terms and condition annexed herein or incorporated herein by reference. Any additional or different term and conditions promied by Sella art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you wmrot nuke complete shipment o arrive on your promised delivery date as noted Time is of the ecua«. Delivery and performance mint be effected within the time sated oa the u cles, order and the d«vmenm artached hereto. No cas of the Purchasers maludin& without limitation, mcepmntt ofpaaial late deliveries, shall operate as a waiver of Nis prevision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpIming Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as it 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, mis ofeivil or nti Wary authorities, governmental priorities, fees, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmchasa within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pmod equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, materials and work coveted by this order will conform with applicable drawings, specifications, oomph ardor other descriptions given, will be, fit for the purposes amended, and perfomtd with the highmt degree of ante all aces mace in accordance wild accepted saMaMs for work of a similar nmme. The Seller Was to hold the puehaser hmmlas frvm any 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 to the purchaser, my defers or faults arising within one (1) year or within such longer pod of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller alley the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dare or materials fumishai by the Seller. Acceptance or use of goods by the Purchaser shall not candidate a waiver of my claim under this warranty. Except as othawim provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamantia or guarantees, but such liability shall in no event include lass of prfim or lass 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 Purchaser may make say cM1vnges to he terms, other than legal terms, including additions to or deletions from the quantities annually ordered in the specifications or drawings, by verbal or writren change offer. IIany such change affects the amount doe or the time of perforrn rm hereunder, an equitable adjustment shall be made. 6. TERMMATIONS. The Purchaser may at any time by wnnen them, ardor, terminate this agreement a m any an all portions of the goods then not shipped, subject In any equitable adj conent between the Ponies a to any work or materials then in progress provided Nat the Purchaser shall not be, liable for any claims for anticipated pw ice an due uncompleted portion of the goods tanker work, for incidcnml or romtyuential damages, all Pat no such mijustmmt be, made in favor of the Seller with respect to any goods which sm the Sellers staMa d stock No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hertunda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or numminilion is Ordered. 8. COMPLIANCE WITH LAW, The Seller warrants runt all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents w may be required an effect of a darn compliance. All laws and regulations mquired to be incorporated Or agreements of this charaaa are hereby incorporated herein by this ref race. The Sella agates to indemnify and hold the Purchases haearless from all coop and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall ensign, member, or convey this order, or any monies due or an become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all lien, restrictions, mservation, security interest encumbrances and claims ofothca. 11. NONWAIVER. Failure of the Purchaser to insist upon strict parformantt of the term and ronditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, e the acceptance of or payment for goods hereunder or approval argue design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance bereaf or any of its rights or remedies a to any such goods, regardless of when shipped, received or accepted, m m any prior or subsequent default hereunder, not shall any purported and modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser raognin that in actrul ttowmie practice, ovemhargs ramping from antitrust violations are in fact home by the Purchaser. Thereefore, far good case and as commentim far extending this Purchase order, the Sella hereby assigns an the Purchaser any and all claims it may now have or hereafter acquired under refund or sate antimmt laws for such overcharges relating an the particular goods or services purchaud or acquired by the Purchaser pursomt to this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Parham, directs the Sella go correct nonconforming or defective goods by a date to be agrad upon by the Purchaser end the Seller and the Seller therea0a indicates its inability or unwillingness to comply, the Purchases may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ins m assacimai with such work. The Seller shall release the Purchases and its contractors of my tier from all liability and claim of any nature resulting from in pert roux ofsuch work. This release shall apply e'en in the event of fault of negligence of the party relcasai and shall exiting do the due., olbcas end cmplayas of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, be ame such work is perfomd or caused to be unfica red by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark of copyright, he Sella sMll indemnify and save Injuries, the Purchaser from any and all claims far impingement by reason of the use of such patented design, deice, material or pr«ass or mrmectied with the mnnsa, and shall indemnify the Purchaser for any cost, expense or damage which it nay be obliged to pay by mason crouch infringement at any time during the prevention or after the completion of the wmk. In case said inuipmeoq or any pm thereaf or the intendd utt of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and an its option, either procure fat the Purchaser the right to continue ruing said equipment or pans, replace the same with substantially and but noninfn'nging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rousiver or mance for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition arm. mud or the interpretation of the .,.air and the rights of all panic hertwde, shall be coacon ed under and gavcmed by the lows of the Seem of Colorado, USA. The following Additional Condition apply only in cases where the Sella is in perform work hereuda, including the services of Sellers Represenaties(s), on the promises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and soared, and shall, in u of any accident, distinction or injury to the work and/or nationals before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. WiSen materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become nspanible therefor as though such mmmam anion equipment were being famished by the Sella under the order. 18. MSURANCE. The Seller shall, at his own expense, provide fat the payment of workers comperwtim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependence in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at local S300,000 for any one person, $500,000 far any one accident and property damage limit per accident of S4W,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commctors employees shall do any work upon the premiss of others, the Seller shall Finnish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date what such compenwtion add iasurance expires. The Seller agrees that such compensation all assurance shall be maintained until after the come wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responibiliry and liability for any and all damage, lass or injury ofany kind r nature whatsoever to persons or property couud 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 any r all of the Purchasers offlona, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or propeny an which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or combecmrs officers, agents or employees. In case any suit or offer praeaiings shill be brought against the Purchased or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or thew officers, agents or employees as aforesaid din Sella hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any arif all coup, charges, smomeys fees and other expenses, any and all judgments that may be incurred by or obiined against rise Puniness or any of its an then, officers, agents or employees in such suits or offer proceedings, all in eau judgment or other lien W placed upon or samurai against the property, ofe Purchaser, or said parties in Or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07nl