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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215359of FOCity, Collins Date: 01/15/2015 PURCHASE ORDER PO Number Page 3215359 1of2 This number must appear on all invoices, packing sli s and labels. 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 1 2015 Permit Fees and Materials 1 LOT LS 15,000.00 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@fogov.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 shemte the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98 I9502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of [memo] Revenue, Deaver, Colorado (Ref. Coleman Revised Statute 1973, Chapter 39-26, 1 IS (a). Goods Rejected. GOODS REJECTED due to failure to am spmificmions, either when shipped or due to defects of damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of written accordions from the City of Fort Collins. Erspation. GOODS are subject W rise City of Fon Collins inspection an radial. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL ACCEPTANCE is deperdenr .,on completion of all applicable minified inspection proedmis. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not h accepted. Shipment Distance. Whom manuf Kars have d'utributing points an xarious pans of the country, shipment is expected fmm the neared distribution point W destination, and excess freight will be daboted from Invoice when shipments am made from greater distance. Permits. Sella shall procure at sellers sole cozy all eta., permiss, certificates and fee. Minified by all applicable l i regulations, ordiranccs and mles of the state, municipality, former, or political subdivision where the work is performed, or aquited by any other duly constrained public authority having] irisdiction over the work Of vendor. Seller Mason a&rims in hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason Of m asserted or establishad violation of any such laws, regulations, ordimnces, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions stated herein men form and any supplementary or addmotml terms and conditions wromad herein or incorporated herein by reference. Any additional or different teats and conditions proposed by Sella arc objected to and hereby rejectN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imandintely if you amwt make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must be allotted within the time stated on the purchase oNer and the documents attached herem. No acts of the Purchasers including, without lienimlian, acceptance of,Snial late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing Nis order elsewhere and holding the Seller liable for damages. However. der Seller shall not be liable for damages as a result of delays due to causes not reawmbly foreseeable which are beyond its masmuble control and without its fault of negligence, such aces of God, aces ofciviI a military auk rmidcs, governmental priorities, fires, stales, Bond, epidemics, worms or rinks provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Had received knowledge thertvf. In the event of any such delay, me date of delivery shall h extended for the period equal ro the More actualty lost by reason offer delay. 3. WARRANTY. The Seller warrants that all goods, articles, =Wrists and work covered by this order will conform with applicable drawings, specifications, samples mxVor other descriptions given, will be fit for the mandate intended, and performed with the higbest degree of cam and competence in accordance with accepted standard for work of a similar namre. The Sella Woes to hold the Purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waa4nry. The Seller shall replace, repair or make good, without cost as the pmchsser, any defcrls or faults mixing within one (1) year or within such longer period of time az may be prescribed by low or by the terra of my applicable warranty provided by the Sella after the date of acceptance of the goods fomishcd havender (acceptaue now to be unreasonably delayed), resulting from impermet or defective work done or materials foaished by the Seller. Acceptance or use of good by the Purchaser skull not constitute a waiver of any claim under this wamnry. Except as otherwise provided in Ws purchase oNer, the Sellers liability hcrtander shall extend m all damages proximately causal by the breach of any of the Remaining warranties or gworriees, but such liability shall in an evenn include loss ofpmfits or loss of axe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pon'hma may make changes to legal team by "am change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other than legal tams, including addilioos 1t or deletions from Me quominim originally ordered in me spairicatiom or damemp, by verbal or written change order If any such change affects Um amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oNer, terminate this agreement in to any Or all portions of the good then act shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided Net me Purchaser Shall non be, liable for any claims for anticipated prof. m me tuammplemd potion of the good erjor work, for incidental or educational damages, and that m such adjusment b made in favor of me Seller wim respect a any ..it, which am the Sellers standard stock. No such termination shall Mieve the Purchaser or the Sella of any oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjtssamem most he asserted within thirty (30) days from me dam me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wourints mat all goods Sold hereunder shall have been produce, sold, delivered and fmished in strict compliance with all applicable laws and regulations to which me good am subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations manned no be mcoryomled in agreements ONES character are hereby incorporated herein by this reference. The Sella agmes to indemnify and hold me Purchaser harmless from all costs and damages suffered by the Porchaur as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shall assign, transfer, or convey, this order, or any monies due or a become due heeunda without me poor wmnen consent of me oNer pray. 10. TITLE. The Sella warrants full, clear and camentricted tide to the Purcho n for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, carcinoma, resmations, savaty, interest decommaoces and claims ofotMrs. II. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to exereaw any rights M remedies Provided herein or by law, failure ve promptly ..cry me Solid in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not re. am Seller of any of the warranties or obligations of this purchase order and shall rut be deemed a waiver of any right of me purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any putwood cal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teals hrreoL 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser Maguire that in actual economic practice, overcharges resulting fmm anlmst violations om in fact home by the Purchaser. Theretoforefm good drum and m cunsidemtion for vacate ng this purchase order. the Sella hereby assigns to the Parchazer any and all claims it May, now have or hanger acquired under federal or mile antirust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this puchax order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs Me Sella to correct nonconforming or defective good by a date in he agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with an work. The Seller shall release the Purchaser and its transition, of any net floor all liability and claims of any name resulting from the performance of such work. This release shall apply even m the m'mn of fault of negligence of the party released and shall varied m the directors, officers and employees ofsuch patty. The Seller's continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to ore nay design, device, material or process covered by Ind, palem, 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, material or process in connection with the contract, Sort Shall indemnify the Purchum for any cast, expense M damage which a may be obligod 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 part thereof or the intended use of the goods, is in such suit held to consulate inGo,do m and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser me right to continue using said equipment or parts, replace the same with substantially equal but noniafringing equitation, or modify it so it becomer noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of credimrs, appoint a occeiver or trustee for any of the Sellers property or business, this coda may fonhwith be canceled by me Purchsser without liability. 16. GOVERNING LAW. The definitions of terns used or the ideRretation of the agreement wed the rights ofail parties haduald shall be mmtrued under and governed "a Lows ofthe State ofColeando, USA. The following Additional Conditions apply only in cases where the Seller is at perform work hereunder, including the services ofSellets Repomenmtive(s), oa the premises Of.thers. IT. SELLERS RESPONSIBILITY. The Sella shall care, on said wont st Seller's own ask until the same is may dar lnM and accepted, end shell, in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and receptanee, complete the work at Selle's own expense and to the Satisfaction of the Tumbled, When materials Said equipment are Ravished by others for installation or erection by the Sella, the Sella andl receive. mina, scam and handle same at elm site and became responsible therefor on; though such mmmnds anNor equipment wee her, fuaished by the Seller under the oMe,. N. INSURANCE. The Sella shall, at his own expense, provide for me payment of workers compensation, including occupa idal disease benefits, to its employees employed as or in connection with the work coverts by this ptmhow order, Major m their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commeaml cod automobile public liability insurance wiN busily injury and doom limits of at Idea $300,00) for May one person, 55 mOom for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide an smh compenvtion and insurance. Her= any of the Sailers or his contmdors employees shall an any work upon the premises of others, the Sella shall famish me Purchaser with a ci namon, that such compensation and insurance have been provided. Such cur ificatn shall specify the date when Such compensation and insuance have been provided. Such certificates shall specify the date when such compensation and insursnme expires. The Seller agrees Omt such compensation and iummove shall be maintained mail after the .are wear is completed and a ca cod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby sssumm the entire respmsibility and liability for any and all dmrmge, loss or injury ofmy kind or mtum who wever to persom or property cru al by at handling f m the execution of the wont provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlds me Purchaser and any r all of the Purchasers oMean, agents and employees from it against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether a persons or property an which the Purchaser not be put or subject by reason of any act, action, neglmt, omission or default on the For of the Seller, nay of has santrncars, M any of the Sellers cor carranduart; officers, agents or employees. In ease May suit or other proceedings shall be brought agairst me Purchaser, err its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of has commemrs or any of its or their officers, agents or employees as aforevid, no Seller hereby agrees to assume the defense thereof and to defend the come an me Sellers own expense, to pay any and all costs, charges. atmmeys fees and oNer expenses, any and all judgmereas that may be normal l by or Obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other tin be, placed upon or obtained against are pmpcny of me purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cats, thc same to be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all safety precautions, fumuh and imrall all guards necessary for me prevention of accidents, comply with all laws and regulations with regand to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursumt thereto. Revised 07n014