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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150438Fort Collins Date: 01/20/2015 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS .* PO Number Page 9150438 tern This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/16/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I MAX Related Snow Removal Invoice #66521 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.mm 1 LOT LS 9,945.00 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. COMMERCIAL DETAILS. Tax exemptions. By image the City of Fort Collins is exempt from were and local nixes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6000582 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Stalates 1993, Chapter 39-26, 114 (a). Goods R jecmd. GOODS REJECTED due to failure to area sp vifemion . either when shipped a due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Import GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services, or equipment in response to this under can mull in nothoriud payment on the pm of the City of Fort Collins. However, it is to be understood had FINAL ACCEPTANCEis dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be EO.B., City of Fog Collins, 700 Wood St., Fon Collins, CO 80522, unless Otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill mear manageny invoice. Additional charges for puking will not he accepted. Shipment Distance. Where manufacturers Save distributing points in compact put of the comtry, shipment is expend from the nwrest distribution point to desstinmion, and excess freight will h deducted from Invoice whm shipments are grade from greater distance. Permits, Seller shall procure in sellers sole cast all necessary pemit, certificates and licenses required by all applicable lass, regulations, ordirenees and roles of the state, municipality, termery or political subdivision where the work is Miramar, or required by any other duly comboded public authority havingjurisdiaion over the work of vendor. Seller higher agrees to hold the City of Fan Collins hamless from am against all liability and Into incurred by them by came of m magra d or esmblishd violation of any such lass, regulations, ordinances, roles andrryturement. Amlwrirsmmn All pmim to Otis conrac, agora rbat Ne repreunttives are, in fact, boa fide and possess full and romplete auOmrity to bind said patties. LIMITATION OF TERMS. This Purchase Omer a,somly limits acceptance to the mrrm and conditions stated herein set fond and my supplementary or additional terms and conditions annexed herao or incantational herein by refeaence. Any additional Or different W. cad owditic. proposed by sellec are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your Promised delivery date. noted. Time is of the esseae. Delivery, and afiformance must b< effected within the time stood on the purchase order and the documents attached hereto. No act of th, Purcheranrs including, without limitation, acceptance organist late delivmaa, shall operate as a waiver ofthis provision. In the event ofany delay, Line Purchaser shall have, in addition to other legal and equitable mandate, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ex a result of delays due to comes not reasombly foresceable which m, beyond its miserable counsel and without its fault ofnegligence, such was ofGod, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided Drat conic, of the conditions causing such delay is given or the Premium, within Free (5) days of the time when the Sella That minced knowledge thamL Ia the event ofany such delay, the dam of delivery shall be extended for the period equal to the time wait lost by rayon of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confem with applicable drawings, specifications, worries anmm other descriptions given, will be fit for he purposes intended, and performed with the highest degree of are and competence in accordance with accepted scandartt for work Of a i radar nature. The Seller agrees to hold the purchaser handless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach Of wmanty. The Seller shall replace, repair Or make good, without cast to the pumhaseq any defects or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller eta the date of acceptance of the good famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work data a materials furnished by the Seller. Acceptance Or sett of goods by the Purchaser shall not co stimre a waiver ofany claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Of any of the foregoing wammies or guarantees, but such liability shall in no event include loss of profits or loss 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 Parches, may make any changes le the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the x afficatiuns or drawings, by verbal or written change order. 11any such change affect the amount due or the lime ufpeffourance hereunder, an equitable adjustment shall be mode. 6. TERMIINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all Famous of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the Good an&or weak, for incidental or consequential damages, and that no such adjustment be, made in liver of the Seller with respect to any goods which are he Sellers sNndard stack. No such imagination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Nminalion is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shell have been produced, said, delivered and fumuhed in strict compliance with all applicable laws and regulations m which the goods are subject The Sella shall execute and deliver such documents as may be, mluied to effect a evidence compliance. An laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Permission harmless from at I costs and damagaa surfaced by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall wasign tmnsier, or convey this Omer, or any monies due or to become due hereunder without the prior wrnen Co., ofrhe Other parry. 10. TITLE. The Sella watmnt full, clear anal unrestrimed title Ira the Purchaser for all tyuipment materials, and items fumuhed in 'affiennescrace of this agreement tree anal near of may, and all Bass, restricions, ,esmptii ns, ..ugly imemat mctmNrmces and claims ofothers. 11. NONWAIVER. Failure Of the Purchaser to insist upon inner permannews, of the terms and conditions hereoL failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach Cthe acceptance ofor payment for goads hereunder or approval ofrhe design, shall not release the Seller of any of the wamemies or obligations of rive purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance humofor any of its rights or remedies as to any such goods, regardless of when shipped, received or warned, as to any prior or subsequent default hereunder, new shall my purponed mal modification or reuission of Nis pmcbr m order by Ne Forebear operate as a waiver of may of the corm bereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual commudic practice, ovacharges resulting from mtiment violations ate in fact home by the Purchaser. "comfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns re the Purchaser my and all claims it may now have or hereafter acquired under Britoil or scale mriwn laws for such overcharges relating m the particular goods or services purchased or acquired by Ne Purchaser pursuant he this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to conal mnconfoming or defective good by a date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its i atediry or unwillivgoess m comply, the Purchaser may mutt the work to h performed by the most expedtious means mailable to it, and the Sella shall pay all rot associated wind each work. The Seller shall release the Purchaser and its arg meters of my tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply on in the evem of fault of negligence of the parry mlessd and shall extent to the dormers. olRc rw and employees of.cb M. The Sellers command obligarions, including wartmW, shall trot be, directd to ha ordered, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenesa the Sella is requited to use any design, &nice, material or process covered by lever, patent, ttadenmrk or copyright, the Seller shall indemnify and save hornless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in amection wind she contract, and shall indemnify me Nugent for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the praauslon or after, the completion of the work. In rose aid wuiprnmt, or my Pan therm( or the intended use of the goods, is in such suit held m consdmte infringement and doe use of said equipment or pat is enjoined, the Seller shall, at its own expense and at its option, either procure for me Purchaser the right m commite using said equipment or parts, replace the name with suborn&ally egad but rwninGnging equipment, or modify it s0 it becomes whoinfinging. 15. INSOLVENCY. If the Sella shall became insolvent or bmkmp,, make an assigmrcm for the benefit of creditms, spatial a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition oftamxs died Or the interpretation ofthe agreement and the rights ofall parties hereunder shall be connected under and governed by the laws ofthe State ofColorat USA. The following Additional Conditions apply only in cases where the Seller is to perform work heremdev including the services of Sellers Ri fiamonfive(s), on the premises of others. ❑. SELLERS RESPONSIBILITY, The Seller shall any On said work at Sellers own risk moil the same is fully completed and accepted, aced shall, in x Of my accident, destruction or injury t0 the work andhor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and as the satisfaction of the Purchaser. When materials and equipment are garnished by others for installation or erection by the Seller. the Sala shall grace, unload, store and handle same at the site and become responsible therefor as though such materials author equipment were being famished by the Seller larder the order. I B. INSURANCE.. The Seller shall, at his own expense, provide for the payment of workers compere rim, including occupational disease benefit, to its employees enrployd On or in connection with the work covered by this purchase Order, On Vor to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also cony comprehensive general liability including, but not limited to, contractual and automobile public Ii.b.1iy insurance with racily injury and desm limits of at lout $300,000 for any one person, $500,0p nor any one accident and property damage limit per accident of $400,"t The Seller shall likewise require his antmclors, if any, to provide for such compensation and insurance. Before any of me Sellers or his continuo, employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate ih:n such compensation and mivance have been provided Such cenifiatu shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ana the entire work is completed and acceptor. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or narare whatsoever to persons Or property mused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handless the Fmchaser and my or all of the Purchasers oBcers, agent and employees from and againstses my and all claims, los, damages, charges or expenses, whether direct or indirem, and whether to persons or properly to which the Purchaser may be put Or subject by reason of my Oct. action, neglect, omission or default out the pan of the Seller, my of his contractors, Or any of the Sellers or explosion Officers, agents or employees. In ass, my suit or other prmi ndings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by rearm of any act action, neglecr, omission or default Of the Seller of any of his coomctors or any of its or their OMo., agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend me same in Sellers own expense, to pay my and all cast, charges, attorneys fees and other expenses, any and all judgments that may be thermal by or obcained against th, Purchaser or any of its a their olEca s, agents or employees in such gait or other pracedings, and in eau judgment or other ]Lou be placed upon or obtained against the prepeny of the Purchaser, or said panics in or res a result of such suit Or other preparation, th, Seller will in once come, the same to be divolom and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions. Pomish and install all gtcarda necessary fro Nc pmourm n of accidents, comply with all laws and regulations wind regard to safety including, but without limiration, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursto nt thereat. Revised 07R014