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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150563PURCHASE ORDER PO Number Page C117/ of PURCHASE 50563 1 of 2 ' `t Collins( V This number must appear on all invoices, packing sli s and labels. Date: 0112312015 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/23/2015 Buyer: ED BONNETTE Note: PER INVOICE #E2 12036 DATED 115/2015. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 LOCATE CHARGES-UNCC COST 202 LOCATES@$61.44/LOCATE 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 16,183.27 iFB1rii 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 statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ce tificak of Registry 84-6000580 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to deficits of damage in M1aosit, may be remr d to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection GOODS are sihbject to the City of Fort Collins inspection oa consist. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in autherixed payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependant upon completion of all appfable required inspention procedures. Freight Terms. Shipments most be ROB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise; specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accomp.y rosette Additional GOOPO, for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater doomme. Pe rnits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses r yuird by all applicable laws, regulations, oNinaooes and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees In hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason Of. asse rted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in Gel, boa fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foNh and any supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date w noted. Time is oftM1e esserre. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hacte. No nets of the Purchasers including, with., limitatim, acceptance riffraff late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase, shall hove, in addition to other legal and equitable remedies, the op,i. oflown g this order elsewhere and holding the Seller liable for damages. However the Sid ler shall not be liable for damages as a result Of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its ful, of negligent, such acts or God, acts Of civil or military authorities, gusa mmwml pncriics, fires, strikes, Good, epidemics, over, or rims provided fast notice of the conditions causing such delay is given to the Purchaser within for (5) days of the time when the Seller first received knowldge thereof. In the event of any such delay, the date of delivery shall be ex,.ded [nine period equal to the time actually last by reason office delay. 3. WARRANTY. The Seller warrants final all goods, articles, materials and work covered by this oNer will conform with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of a similar assure. The Seller agrees 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 warranty. The Seller shall replace, repsit or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time se may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date Of acceptance of the goods [teased hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials burnished by dry Seller. Acceptance or we of goods by the Purchaser shall not contribute a waiver of any 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 warranties or guarantees, but such liability shall in no event include loss ofprofts or loss of now. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhner may make changes to legal,erres by written change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal rums, including addition to Or deletions from the quantities originally ordered in the specification or drawings, by verbal o written change aide, If any such change affects the amount due Or the time ofpedmm.ce 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 portions of the goats then no, shipped, subject to any equitable adjustment bctwecir the patties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profts On 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 goods which are the Sellers standard suck. No such termination shol relieve fie Purchaser or the Seller of.y aftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment tent be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants deal all goods sold hereunder shall have been produced, sold, delivered and famished in stdc, compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliame. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, overefs, of convey this order, Or any monies due or to become due hereunder without the poor women consent Ofthe Otherpany. 10. TITLE. The Seller warrants full, clear and unrestricted fitle to the Purchaser for all equipment, materials, and items fmluhed in performance of this agreement, free and clear of any and all liens, restriction, reservation, security interest encumbrances and claims of others. I I.NONWAIVER. Failure of the Purchaser to insist upon most performance of the terms and conditions hereof, failure or delay to exercise t any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder ass order approval o t be design, shall not release the Sellerof he any of fie warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Follower to ied, upon strict performance hereof oranyofits rights orremedies ntomay suchgoods, regardless of when shipped, received or accepted, as to any prier y subsequent default h, as a waiver ver shall any the tells oral modification or rescission of this purchase order by the PurcM1aser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that is actual economic practice, charges resulting from antitrust violations are in fact bore by the Purchaser. Theretofore, for good cause and as consideration for extending this purchase order, the Seller hereby assigns to the Pumhzser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such Overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to 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 such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nary resulting from the performance i faich 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 employ. of such party. The Seller's contractual obligations, including wamarty, shall not be deemed to be reduced, in any way, because such work is performed or caused to beperformd by the Purchaser. 14. PATENTS. Whenever the Seller is required! to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mrs n of the use of such patented design, device, material or process in connection with the central, and shall indemnify the Purchases for any rust, experae or damage which it may be obliged to pay by reason cfsuch infringement at any time during me prosecution or after the completion of the work In case said equipment, or any part thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of said equipment Or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it ce it becomes nonlnfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or Immoral, make . assignment for the benefit of creditors, appoint a receiver or trnlm for any of the Sellers property or business, this order may forthwith be enriched by the Purchaser without liability. 16. GOVERNING LAW. The definition options used Or the interpretation oftM1e agreement and the rights of all parties hereunder shall be conserved under and governed by the laws office State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, arguing the services of sellers Regresenftive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Silly completed and accepted, and shall, in e of any accident, destruction or injury tO the work ardor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and in the satisfaction of fie Purchaser. When materials and equipment are famished by others for installation or erecfran by the Seller, the Seller shall receive, .load, sure and handle same at the site and become responsible therefor aw though such materials mother equipment were being furnished by the Seller under die oNer. 18. INSURANCE The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed On or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the send in which the work is to be done. The Seller shall also your, comprehensive general liability including, but not limited f, contractual and amomobile public liability insurance with bodily injury and death limits or Or but 53UU.oW for any one person, S500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his conhamom employees shall dO any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have born provided. Such certificates shall specify the date when such compensation and inurance have been provided. Such certificates shall specify the date when such compenafion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whatsoever to person or 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 cr all of the Pjachofficers, egenes and employers from and against any and all claims, Ines, damages, rors harges or expenses, whether direct or ladiren, and whether to persons or property to which the Purchaser may be put or subject by reawn of any act, action, neglect, omission or default on the pan of the Seller, any of his wntactom, or any of the Sellers or contractors officers, agents or employees. In case any suit Or other proceedings shall be brought Wainer the Purchaser, or its officers agents or employees at any time on account or by reason of any ach action, neglect, omission or default of the Seller of any of his conhadors or any of its or their Othcem, agents or employees as aforesaid, the Seller hereby agrees Or assume fie defense thereof and to defend the same at the Sellers own expense, to pay any and all owes, charges, avomeys fees and Other expenses, any and all judgments 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will an se cause the same to be dissolved and diect argil by giving band or otherwise. The Seller and his contractors shall take all safety precautions, Flemish and insist][ all guards necessary for the pm'ention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant therdo. Revised 072014