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HomeMy WebLinkAbout175445 CITY OF FORT COLLINS - STREETS DEPT - PURCHASE ORDER - 3215357of Fort Collins Date: 01/15/2015 PURCHASE ORDER Vendor: 175445 CITY OF FORT COLLINS - STREETS DEPT ** CHECK TO DEPT ** Date: 01/15/2015 PO Number Page 3215357 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 Streets Invoices P,4 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.00m 1 LOT LS 1,000.00 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 1. CONIMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from able and local taxes. Our Exemption Number 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pu¢haer to insist upon atnet performance of the terms and conditions bereof failure of delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 fa). exercise any rights or rcmdin provided M1crein of by law, failure to promptly ratify the Seller in the event of a branch, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order it shall not be deemed 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 receipt of written purchaser to insist upon stria performance hereof or any of its rights or remedies as On any such goods, regmdlesi instructions from the City of For Calif.. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of be tams Impaction, GOODS are subject a the City of Fort Collins inspection on arrival. hereof. Final Aceep ince. Receipt of the m<rchardiu, swims or equipment in response to this Oder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, euthonued payment on the par of be, City of Far Collins. However, it is to be understood that FINAL Seller and the Purchaser mandate that is actual cois practice, overcharge resulting from antitrust ACCEPTANCE is depmder upon completion ofail applicable petition] inspection procedures. e by the Purchasm. Theremfum, for good cause and as consideration for executing this violations ere in faWine purchase order, the Seller hereby assigns to the Purchazer any and all claims it may now have or hereafter Freight Teton. Shipments most be F.O.B., City of Fart Collins, 700 Wood St., Pon Collins, CO 80522, unless occluded wder (edam[ or store antitrust laws for such overcharges relating Ire fe pariculm goods are servitor Otherwise specified on this Oder. If pemnission is given to prepay freight and charge separately, the original freight purchsd or trimmed by fe parchment pursuant to this purchase aides. bill most accommnv invoice. Additional chances for coolant will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of be country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made Imo greater disbrae. Permits- Seller shall poor, at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, Od sneer and rules of the state, municipality, territory or political subdivision where the work is performed, or rcquitd by my offer duly constituted public authority havingjurisdiction over the work of vendor. Seller Lumber agrees to hold be City of Fort Collins Emotions from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Auforramon. All parries to this contract agree that be representatives arc. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions staled heein sct forth and any supplemmmry Or additional terms and conditions affixed Meru or inconpomted herein by reference. Any additional or differenuemu and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as rated. Time is offer name. Delivery, and performance most be effecad within the time stated on be purchase order and the documents mtachd herew. No over of be Purchasers including, without limitation, acceptance of parial late deliveries, shall operate an a waiver i f this provision. In the amm of any delay, [he Purchaser shall have, in addition to other legal and equitable remdies, the option of placing this order elsewhere may baldng the Seller liable far damages. However, fie Seller shall vat be liable for damages as if read[ of delays due to nuns not reasombly foreseeable which are beyond its reasonable control and without its fault of negligrne, such am, of God, eves ofewil or military authorities, govemmenbl priorities, fires, strikes, Rood, midemin, wars or riors provided for ounce of the conditions causing such delay is given to the Pumhaer within five (5) days of the time when to Seller first received knowledge thercaE In the event of any such delay, the date of delivery shall be mtepded for the Refund egml to be time remally lost by neawn ofthe delay. 3. WARRANTY, The Seller warrants fat all goods, articles, mamriels and work covered by this order will cam.. with applicable drawings, spaifcations, samples .Nor oNer descriptions over, will be in for the purposes intended, ad piaboud wit the highest degree of care and cons nor ee in nccooksom with accepted sbndrds for wok of a similar nature, The Seller agrees to hold be purchaser harmless from my loss, domage or expense which the PurcM1nser may suffer or incur on account of be Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o be purchauq my dekm or faults arising within one (1) year or within such longer period of time in nay be prncribW by law or by the temas ofany applicable warmly provided by the Seller after be date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella Acceptance or use of goes by the Portheser shalI or constitute a waiver of my claim under this immunity. Except in otherwise provided in this purchase order, be Sellers liability hereueder shall extend to all damages Proximately carved by be breach of my of the foregoing warranties or guarantees, but such liability shall in no at include loss of profits O loss affair. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In legal toms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, oNer than legal terms, including additions to or deletions from me quantities originally ordered in fie spi ifptiore or drawings, by veAm or wnvrn change order . If any such change affects the amount due or be time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaer may at any time by written change offer, terminate this agreement as to my or all protium of the goods then not shipped, subject to any equitable adjuument between be panics as to any work Or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion ofthe good andbr work, for incidenbl or consequential damages, and that no such adjustment be made in favor of fie Seller wits reagent to any good which are be Sellers stmdmd stock. No such termination shall relieve the Purchase or be Seller of any oftheir obligations as 0 my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djmtmmt must be formed within dirty (30) days from the doe be change are tam infix n is oNered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations 0 which fie goods are subjet. The Seller shall execute end deliver such documents n my be raluird to effect or evidence compliance. All laws and regulations required to be ncoryorated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pmy shall ensign, transient, or convey this order, or any monies due or to become due hereunder without the prior "non consent of the other party. - ILTITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and rams famished in rofro mce of this agreement, free and dear of any and all Item, restrictions, reurvatiom, so mry inameat encumbrances and claims ofodters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corect nonconforming or defective goods by a dale to be agreed upon by be Purchase and be Seller, and the Seller thereafter indicates its inability or wwillingness to amply, the purchaser may cause be work to be Refloated by the mast expeditious means available to it, ad fe Seller shall Pay all costs associated with such work. The Seller shall mIcaw the furchaer and its contractors of any tier fain all liability and claims of any more resulting tom the performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such Many. The Sellers commctml obligatiom, including warranty, shall not be doomed to be reduced, is any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever be Seller is remitted to use any design, device, material or process covered by loner, plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, materiel or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it my be obliged br pay by reason ofsuch infringement at my time during be Information or after the completion of be work. In eau said cquipmenL or any part thereof or be intended use of the good, is in such suit held to constitute infringement and be use of said equipment or part is enjoined, the Seller shall, of its can expense and at its option, either procure for the Purchaser the right to continue using said equipment or Faros, replace the same with substantially egml but noninMnging e9uipmen , or modify it so it becomes mmnfirMing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a onceivair or trustee for any of be Sellers property or business, this Order may forthwith be canceled by be Purchase without liability. 16, GOVERNING LAW. The definitions offences had or fie interpretation ofthe agreement and be rights of all parties hereunder shall be enmtmd wder ad governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in casts where be Seller is to Perform work hereunder, including be services of Sellers Representative(s), on be premises ofothera. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scuces own risk bit] the same is illy completed and accepted, and shall, in can of any incident, destruction or injury to the work andior materials before Sellers Trial completion and aceprmce, complete be work at Sellers own estimate and to the satisfaction of be Purchaser. When materials and eq.i,.t are f uhed by others for installation or erection by fie Seller, the Seller shall receive, wlead, some and handle same at the site and baome responsible therefor as though such materials condition equipment woe being famished by the Seller under the order. I8. INSURANCE. The Salle shall, at his own expense, provide for the payment of workers comp rmhon, including occupational disease benefits, to its employees employed on Or in connection with the work covered by this purchase order. and/or in their dependents in accordance with the laws of be state ul which be work is to be done. The Seller &ball also carry comprehensive general liability including, but cat limited to, roalrnerml and automobile Public liability immmce with bodily injury end death limits of at 1ess1 S300,004) for soy one Farm, SSOL" for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurmme. Before any of the Sellers or his contractors employees shall do any work upon the premises of ofen, be Seller shall famish the Purchaser with a certificate that such mmperusmion and insurance have been provided. Such cerdfcatrs shall specify be date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby viscous the entire responsibility and liability for coy and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from be execution of the work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and hold hold. the Purchase and any cr all of be purchasers officers, agents ami employees Gam and against any and all claims, losses, damages, harges O expenses, whether direct or indirect, and whether to Reforms or pmpmy to which be Purchaser may be put or subject by reaon of any act, action, neglecr, omission or default on the part of the Seller, any of his ontractors, or any of the Sellers or contractors officers, agents or cmploycea In case any suit or other proceedings shall be brought against the Purchaser, or in officers, Me=or employees At any time on amml or by mason of my act, action, neglect, omission or default of be Sella of my of his contractors or any of its or their officers 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 any and all arm, charges, atmmeys foes and oNer expenses, any and all judgments that may b, imurrd by or obtained against the Purchaer or any of in or thew oIfcani, agents or employees io such suits or Offer proceedings, and in case judgment or oNer Tim be placed upon Or obtained against the property oftse Purchasm, or said parties in are as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, f ¢M1 and install all guard pointer, for the promotion of incidents, comply coif all laws and regulations with regmd to safety including, but without limitation, the Occupational Safety and Hcalf Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07M]4