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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215358PO PURCHASE ORDER 321535er Page C117/ of PURCHASE 15358 � of z t Collins( This number must appear ` v " t on all invoices, packing sli s and labels. Date: 01/15/2015 Vendor: 103941 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS CIS ** 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/15/2015 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 Barricades 1 LOT LS 60,000.00 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.00m 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. COMMERCIAL DETAILS. Tax exemptions. By scam the City of Fort Collins is exempt from state and local boxes. Our Exemption Number is 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Cenifie to of Registry 84-6000599 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure ar delay on late.[ Revenue, Denver, Colorado (Ref. Culotado Revised Stawtes 1973, Chapter 39-26, 114 (a). exercise any ,his or remedies provided heron a by law, failure to pm r ol, notify the Sella in the event of a branch, dre acceptance ofor payment for goods bereaMer m approval of the dasiga shall not ml. the Seller of Gaol Rejead. GOODS REJECTED due to failure to meet spxificationes, tinter what shipped or due to defects of any of the wamntia or obligations of this purchase under uM shall me be deemed a waiver of my right of the damage in transit, may be rationed to you for emdit and an, not to be replaced except upon oweipt of waiutn Pumhater to insist upon strict performance herador any of its rights or remedies as to zany such goods, regardless instructions from the City of Pan Collins. of when shipped, received or accepted, w to any prior or subsequent default herewder, nor shall any pu'uawd and madifiwtion or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Inspection. GOODS are subject to Ne City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services err equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize Chat in acaal ec is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact Prime by the Purchase, Theretofore ofor good cattle and as consideration for executing Ws purchase We, the Seller hereby assigns ro the Puurchaser any and all claims Cr may now, have or hereafter Freight Terms. Shipments most he F.O.B., City of Four Collins, Tr, Wood St, To" Collins, CO 80522, unless acquired under federal or store anthem, laws fro such machari relaring to Ne panicular good or services othetwise specified on this order. If peanision is given to prepay freight and charge separord , the original freight purchased or acquired by the Purchaser pursmnt to no, purchase oMer. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manvfactmas have distributing points in various park of the country, shipment is Ifthe Purchaser directs the Seller to collect nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will be debarred from Invoice wben Posehsser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, Ne Purchaser shipments are made form greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such wark. Proms. Sella shall procure at sellers sole cost all necessary permits, catificales and licenses required by all applicable laws, regulations, ordinances and roles of the shim, municipality, ternary or political subdivision where The Sella shall release the Nucbaser and its contractors of any tier from all liability and claims of any return the work is perforated, or required by any other duly constituted public authority having junwhotion over the work resulting fmm the performance of such work. of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of ran asserted or established violation of any such laws, regulations, oubmares, Coles This release shall apply even in the event of (salt of negligence of the patty released and shall extend to the and requirements. directors, officers and employees ofsesch parry. Authorization. All panics to this contract agree Nat me representatives art, in fact, born fide and possess full and The Sellers contactual obligations, including warranty, shall not be deemed to be reduced, N any way, because complete authority to bind said parties such work is performed or caused to be Performed by the Purchaser. LIMITATION OF TERMS. this Purchase Order expressly limits acceptance to the tenses and conditions slated hetcin set Far mid any supplementary or additional terms and conditions mmexed hereto or incorporated herein by 14. PATENTS. reference. Any additional or duffinaf tames and conditions proposed by seller are objected,, red hereby rejortd. Whenever the Sella is required to use any design,device, material or process covered by lever, perm, trademark an copyrigh, the Seller shall indemnify and save harmless Ne Purchaer from any and all claims far infringement 2. DELIVERY, by reason of the use of such patented design, device, material or process in connection with the contract, and PLEASE ADVISE PURCHASING AGENT immediately Tyou cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such promised delivery date as noted. Time is o'the aname. Delivery and performance most be effected within me time infringement at any time during the prosecution or after the completion of the work. In at said equipment, or stated on the purclvme order and the documents notched beret. No near of the Purchasers including, without any pan thereof or the intended use of the goods, is m such suit held to constitute infringement and Nc use of limitation, acceptance orpartin late deliveries, shall operate ss a waiver of this provision. In the event ofany delay, said equipment or pan is enjoined, flit Seller shall, at its own expense and at its option, either procure for the the Purchaser shall have, in addition to other legal and equitable remedies, the option cf placing this order elsewhere -Purchaser, the right In couriaue using said equipment or pans, replace the same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing. due to causes not ra abeam y tower able which are beyond its rasomble wnaol and without its fault of negligence, such aces ofGod, acts ofrnil or military authorities, govcmmenal priories, fires, stokes, food, epidemics, wars or 15. INSOLVENCY, ..is provided rbm notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Sella shall become insolvent or ban amp, make an assignment for the be reit of creditors, appoint a time what the Seller first received knowledge thercvf. In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the extended for the period equal to the time acniul ly lost by reason ofthe delay. Purchaser without liabil try. 3. WARRANTY. The Sella warrants that all good, articles, matend, and work covered by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes amended, and perfomned with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees Ins hold the purchaser hmmless from any loss, damage or expense which tie Purchaser nay suffer or incur on account of the Sellers breach ofwamnty. The Sella shall replace. repay of make good, without cost to the purcM1uev any defect or faults arising within one (1) year or within such longer peril of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance fthe goads Cranston hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or nationals fumislad by the Sella. Acceptance or use of gaol by the Purchaser shall not constitute a waiver of Cray claim under Nis warranty. Except as oNerwise porvidd in this purchase order, the Sellers liability hereunder sholl extend to ell damages proximately comed by the breach of any of the foregoing warranties or Court moon, but such liability shall in no event include loss of profits or loss of uses NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by written change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser nmy make any changes to the terra, other than legal terra, including additions a or deletions from me quantities originally ordered in me apccifications or @swings, by vernal or written change onto. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all poni of the goods then not shipped, subject to any inimitable adjustment between the parties as to any work or nationals Nen in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such rumination shall relieve the Purchaser or the Seller ofany of their obligd ow, se ro any goods delivered loll tiona. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days Form the date the change or tennimnon is ordered. 8. COMPLIANCE WITH LAW. The Seller warra a that all goods sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and r,rrarms m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence morpliame. All laws and regulations rryuired 10 be incorpoated in agreements of this chmacter sm hereby incerpnm,ed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffer by the Purchaser m a resin, of tic Sellers failure In comply with such Loss. 9. ASSIGNMENT. Neither petty shall assign, transfer, or cause, this order, or any mosses due or N become due hereunder without me prior women consent oftbe other perry. 10. TITLE. The Seller warrants full, dam and unrestricted title to iM Purchaser for all equipment fretedals, and items famished in performanre of this agreement, free and clear of any and all liens, undrietions, reservations, security interest encumbrances and claims of others. 16, GOVERNING LAW. The defitdllom ofterms toed at the interpretation ofthe agreement and the rights ofall parties hereunder shall he, construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where Ne Sella is on perform work hereunder. including the services fSell— Re armark tivgs), an Ne pfanises ofodia t. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in came of my accident, destruction or injury to the work mi materials before Sellers foal completion and acceptance, complete the work to Seller's own expense and to the smisfntion of the Prominent, When materials aed equipment are famished by others for inandiation or erection by the Sella, d Sella shall receive, mlmd, 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. I8.I21SURANCE. The Sella shall, at ha own expense, provide for the payment of waders compcon Lion, including occuWtional disease benefits, to its employees employed on or in connection with the work covered by this purchaw order, and/or In their dependents in accordance with the laws of the state in which the work is to be, done. The Seller shall now any compmbensive general liability including, but not limited R. contranoal Coal automobile public liability insurance paint bodily injury and death limits of at least S300,00o for any are, person, S500,000 for any one accident and property damage limit per accident of SINE". The Sella 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 any work upon the premises of others, the Seller shall famish the Purchaser with a certificate Nat such compensation am insurance have been pmvmd. Such certifntes shall specify the date when such mprnsatian and insurance have ban provided. Such ardiftrmea sbull specify me data what such cr mpensation and immm me expire. The Seller agrees Nat such compensation and insurance shall be tmimeamed until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass me, the entire iaponsibility and liability for any road all damage, loss or injury fany kind or nature whemamer to persona a 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 any r all of the Pm<haw as oRcers, agents and employees from aad agaiml any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which Ne Purebma may be put or subject by reason of my art, action, negla, omission or default on to, per, of the Sella, Cray of his ontacion, or any of the Sellers or conimaors officers, agents or employres. In use any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, radiation or default of the Sella of any of his contractors or any of its or Nei, oEric,, crms or employees ns aforesaid, me Sella hacby agrees to assume the defense thereof and a defend the same at the Sellers own expense, to pay any and all costs, charges, amomeys fees and other npeaes, any and all judgmens 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 proceedings, and in caw judgment or other lien be placed upon or obtained against doe property of the Purchaser, or aid patties in or in a result of such suits or other proceedings, the Seller will so are cause the ame to ad dissolved and dischsrged by giving band or otherwise. The Seller and his emormmrs shall take all safety precautions, funush rand indent all guard necessary for Ne prevention of ccidenta, comply with all laws and regulations with regard to safety including, but without himatim, me Occupational Safety and He lth Act of 1970 and all rules and regulations issued pursuantthereto. Raised 072014