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HomeMy WebLinkAbout175445 CITY OF FORT COLLINS - STREETS DEPT - PURCHASE ORDER - 9150344Fort Collins Date: 01/14/2015 PURCHASE ORDER Vendor: 175445 CITY OF FORT COLLINS - STREETS DEPT ** CHECK TO DEPT ** PO Number Page 9150344 1of2 This number must appear on all invoices, packing sli s and labels. 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 Street Invoices 1 LOT LS 1,000.00 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 Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By salute the City of Fon Collie t exempt fmm mute andlocal taxes.Our Exemption Northcutt 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058) is followed with me C.,Oadr of Failure of the Purchaser m Moist upon stria pert . of the terms and mnditioias Mao[ failure or delay to Internal permit., Denver, Colorado (Ref Colorado Revised Saunas 1973, Chapter 39-26,114 (a). ascribe any rights or ormadies wevidd herein or by law, failure to promptly fortify me Seller in the event of a breach, the acceptance of., payment far goods hereunder or approval of the design, shall nor release me Seller of Goods Rejedd. GOODS REJECTED due to fallum to mat specifications, either when shipped or due to dollars; of MY of me warranties or Obligations of this purchase color and shall not be deemM a waiver of any right of the damage in emit, may be rehlrmd to you for credit and are not 1. be replaced except upon mcipt of written purshmer to insist upon strict performmantt hereof or any of its rights Or remedies as many such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any poor or subsequent default bereunder, nor shall any puryoned - col mdidcalma or rescission of this purchaw order by the Purchaser operate e a waiver of any of the hots Inspection. GOODS are subject to the City of Fort Call ins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, suseor equipment in response to this order ca result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on me pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual anis practice, overcharges resulting from muarma ACCEPTANCE is dependent upon completionofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therelofore,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wad St., Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges totaling to the particular goods or services Otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parsuant to this purchase Marc. bill must necompany im'oice. Additional charges for packing will not he accepts. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrers have distributing points in variorum pans of the country, shipment is If the Pedrosa dinar the Seller to correct comonfatming or defective goods by a date m be agreed upon by the expected fmm the nearest distributive point an destination, arm excess freight will be dductd from Invoice when Purchaser and me Seller, it the Sella thereafte, indicates its inability or unwillingness as comply, the Purchaser shipments are made been grater distance. may slue the work to be performed by the most expeditious morns available m it, and the Seller shall pay all cots associated with such work. Permits. Seller shall mcm, ar sellers to cos, all necessary permits, certificates and licenses required by all applareble laws, regulation¢, ordinances and rules of the sutq mumcipality, territory or political subdivision when the work is pfirformmed, or required by any meet duly constituted public authority haviagjurissiction over the work of vendor. Sella fuller agrees to bold the City of Pon Collins hismless fmm and against all liability and loss incurred by them by rwson of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Atel orizaliun. All panics to this contract agree that the repmscntmives are in fan, bona file and possess full and complete mthnmy in bind said panics. LIMITAq'ION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sorted herein set truth and any supplementary or additional terms and conditions annexed hereto or inempomted herein by refconce. Any additiunal or different terms and conditions proposed by seller are objected be and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted Time is of thaw essence. Delivery and performance melt the effected within the rime surd on the purchase order and the documents attached hereto. No acts of me Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchmer shall have, in addition to other legal and almos a remedies, the option ofplacing this Order elsewhere and holding the Seller liable for damages. Howeer, the Seller shall not be liable for damages as a result of delays due to causes not wamably foreseeable which are beyond its forte able control and without its fault of negligence, such was of God, ants ofcivdl or military authorities, gmsmmmal families, fires, strikes, Bond, epidemics, warsOr riots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge decamp. In the event of any such delay, the date of delivery shall be extended for me period cgal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, sped fienim , samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degee of care and competence in accordance with accepted standards for work of a similar carom. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser nay su@for incur or. account m the Sellers breach of wanamy. The Seller shall replace, repai, or make good, without cost to the purchase, any defecu or fault arising within one (1) year cr within such longer period of time as may be prescribed by law or by the bums of my applicable waranry Provided by the Seller aRa me date of acceptance of the goods famished hereunder (acceptance not to be unreawably delayed), resulting from imperfect or defective work done or mmerieds Bouchard by the Seller . Acceptance or use of good by the Purchaser shall not m.timte a waiver of any claim wader thus womanly. Except as amawise Provided is Otis purchase order, me Sellers liability Mrtunda shall extend in all damages pmximealy aumd by me bfineb of any of the foregoing wammtie Or guarantees, but such liability slap in no event include loss Ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purshoer may make changes to legal tams by written change Order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser ay make any changes to the tomes, other than legal toots, including additions to or deletions from the y-u itio, ai,mafy ordered in the specifications or drawings, by verbal or written clmnge order. If any such change effects the Annual due or the time of,saf erounce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Producer may at any now by women change order, terminate this agree any o all portions of the d goothen not shipped, subject to myequitableadjustment between the pvties res to any work or materials then in progres provided nul ee Purchaser shall not be liable for any claims for anticipated pmfil, on the muumplerd Portion of the goad torpor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller was respect to my good which we the Sellers samtdam stock. No such termiation shall relieve the Pmch.a or me Seller ofmy of their obligati.. as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must Ise asserted widd'n Oddly (30) days fmm the date the change or instruction is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunde, shall have been produced, sold, delivered and fumuhed in odd. compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as maybe r yuind to effect w a'idence compliance. All laws and regulations required to be ncorpmutal in agreements of this cle ucter are hereby max,ramam herein by this re&rence. The Seller agree to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with reach law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Omer, or any monies due or in become due hereunder without the PH., wrinen..ent of me Omer pony. 10. TITLE. The Seller wammts full, clear and are Mom tide In me Purchaser far all equipment m ormaa, and it. platinum in omforrencome of this agreement, fine and cove of my and all It., restrictias, reservatio., smuiry to,. encumbrances and claims ofomaa The Seller shall release me Purchase and iu rentmaors of any lief from all liability and claims of any cram resulting from the performance of such work. This releee shall apply even in the went of fault of negligence Of me party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including w..my, shall rim be deemed to be reduced, in any way, because such wok is paf renal or caused to be parfame d by the Purchaser. 14. PATENTS. Whenever the Seller is required more any design, device, material Or process award by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlcss me Purchase fmm any and all claims for infringement by rcason of the use of such patented design, device, material or process in connection with the emoract. end shall indemnify the Purchaser for any ever, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after me completion of the wok. In case said equipment, or any pan thereof or the intended use of me good, is in such suit held to Museum infringement and the use of said equipment or part is capind, the Seller shall, or its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pots, replace the same with substantially equal but noninf figing equipment, or modify it to it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make fin assignment for the I mefit of creditors, appoint a receiver m troare for any of the Sellers property Or business, this order may forthwalh be canceled by the Purchase, without liability. 16, GOVERNING LAW. The definitions of terns used or the interprtati.n oflhe agreemem and the rights atoll panics hereunder shall be onsuued under and govemed by the laws of the Store of Colomdo, USA. The following Additional Conditions apply only in cases where me Seller u to perform work hereunder, including the smfce of Sellers Represenative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry ve said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Selleh dust completion arm acceptance, complee me work st Sellers own expe.e and an me satisfaction of me Purchases. When ma¢riat mall equipment are f ashd by others am installation or erection by the Sella, the Seller shall mosive, unload. Gore and hWle same ar the site and became rwpo sible therefor. enough such materials and/or equipment were being lama hem by the Seller soda the order. Ill. INSURANCE. The Sella shall, at bit own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work revered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contactual and automobile public Iiol iboy insuance with budity injury and dealt, limas.1w ison $300,000 for any one peaun, $SUI11NX1 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his awtolors, if any, to provide for such compensation and insurance. Delete any of the Select or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensarion and insurance have been provided. Such comficales shall specify the date when such compenmtiou and insurance have been provided. Such certificates shall specify But date when such compensation and insurance expires. The Seller agree that such compensation and isumnce shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me retie responsibility and liability for my and all damage, loss or injury ofmy kind or arum whosoever to persons or property wusd by m resulting from me execution ofthe work provided for in this purchase Order m in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers oficam, agents and employees fmm orb against any and all claims, losses, damages, chemge or expenses, whether direct or indirect, and whether to persons or property, to which the Purch n a may be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, any arms contactors, or any of the Sellers or contractors officers, agents or employees. In Mesa any suit or other proceedings shall be bought against the Purchaser, or its officers, agents or employees at any it= on account or by reason of any act, action, neglect, omission or default of me Sella of my of his contacars or any of its or their cheers, agents or employees as aforessid, the Seller hereby agree to assume the de&.e thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attemeys f s and other expenses, my and all judgment that may be inured by or obtained against the Paribas, or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon o obtained against the properly of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety praautions, famish and install all guards Macassar, for the prevention of accidents, comply with all laws and regulations with regaol an safety including, but without limiation, the Oao,fiamil Safety and Health Act of 1970 and ell rules and regulations ismd p nsumat thereat. Revised 07R014