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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150575PO Number Page City OfPURCHASE ORDER 9150575 10f2 is number must appear] Flirt Collins ll invoices, packing sli s and labels. Date: 01/23/2015 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 01/23/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t N. College, Conifer to Willox Invoice #66892 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 6,169.91 it.Y xa711 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 statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAD ER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict perfrmance of the toms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stations 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure rm pmmp0y notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either who. shipped or due to defeats of any of Me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in ranch may be rerumed to you for credit and are not to be replaced except upon rewipt of earn= purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless impetuous from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hercmmer, nor shall any purported oral modification or rescission of this parchase order by the Purchaser operate as a waiver of any of the ramie Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Fiwl Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to be understood thatFINAL economic Seller and the Purchaser r=ognize that in moral a ge is practice, o emlms resulting from antitrust ACCEPTANCE is dependent upon completion ofalI applicable required inspection procedures. violations we in fact home by the Purchases. Theretoforegood cause and m consideration for executing this purchase order, the Seller hereby asigm ro the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., Cory of Fort Collins, 700 WOW St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goers or services otherwise saw,fird on this order. If permission is given to Emmy bright and charge seporotry, the on,,net freight purchased or acquired bythe Purchase, pan., to this purchau Omer. bill must accompany invoice. Additional charges for parking will not be accepted. 13. ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment pointstoparrs Of rho shipment Where manufacturers hawdestination, a Porch diamsthe Salle to correctea tcwfotmie6 by to be agreed npou by the h Purchase, inability ardsunwillingness IftPurchaser thee. freig'aroht d Soon tcswhen poem to destinatioq and excess GeigM will be deducted from Invoice when from and expected from the nearest realer and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser and t a is or ants Pare a and the dista shipments are made from greeter distance. to, may cause the work m be performed by the most expeditious means available an it, and the Seller shell pay all ca work casts associated with such work. Permits. Seller shall prow, sellers sole east all necessary certificates and licenses sleeted all state, municipality, tertibry or palIdeal w applicable laws, regulations, and rules municipality, subdivision whore The Seller shell release the Purchaser and its contractors of any tie from all liability and claims of arty nature byordinances ion Over the work is performed, by any other dolt' constituted public authority having ova the work required duly such resulting from the performance of tech work. Vauriadallion itequired vwdm. Seller further agrees hold the City Pon Collins harmless from and against all liability and loss li erred by them by reumn of an asserted or eswblished violation of any such laws, regulations, omirrences, roles im t This ¢lease shall apply even in event of (tilt of negligence of the party released and shall extend to the and ,,tier=r=u. of dimr4 mlficers and employees afsuch party. rw Authorization. All poetics on this coarse agree that the mpresm atives are, in fuel, bona tide and possess Bill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or imme m teed herein by reference -Any additional or different terms and conditions proposed by Salle, am Objected a adhereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment re arrive no your promised delivery date as noted. Time is of the esa=,. Delivery and performance at be effectual within the time slated on the purchase order and the documents anached M1ercto. No acts of the Purchasers including, without limitation, acceptance ofpartial Iate deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays doe to causes not reaeanably foreseeable which are beyond its responsible central and without its fault of negligence, such acts of God, acts ofcivil or military authorities, pwonamwlal pnontics, fires, strike, rood, epidmars, wars or hots provided that notice of IM1e conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereat In the event of any each delay, the date of delivery shell V< extended for the period equal m the time actually loss by mason ofrhe delay. 3. WARRANTY. The Seller wanan[s that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, cod Performed with the highest degree of care and competence in accordance with accepted atandmds for work of a similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of wamdnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects ter faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after Or date of =eptaace of die goads famished heeunder (acceptance not to be umwronably delayed), resulting on Imperfwr or defective work done or materials Banished by the Suite,. Acceptance or use of goods by the Purchaser shall not onstdow a waiver of any claim under this warranty. Except m otherwise provided in Ws purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, bur 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 corms by canon change order. 5. CHANGES IN COMMERCIAL TERMS. The Pummovr may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrown change onler. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. 'the Purchaser may at my time by wnnw change order, terminate this agreement as to any or all portions of the goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on thin uncompleted portion of 1ho goods analow work, for incidental or consequemial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchase or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is tiered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall bave been produced, sold, delivered and famished in mod compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be mem,mmted in cmeemema of this chaactm ma hereby incriminated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hawless from all costs and damages suffered by the purchaser as a result of the Sellers failure to comply with each law. 9. ASSIGNMENT. Neither parry shall assign, member, or convey this order, or any monies due or to become due hereunder without hie prior cannon consent of the other party. 10, TITLE. The Seller warrants Bill, clear and unrestricted title in the Purchmer for all equipment, materials, and items finished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims mothers. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed orImm l m be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process cover d by Imam, patent, nadwmrk or copyright the Seller shall indemnify and save fiarmleas 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 compact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at any time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the int=red use of the goods, is in inch suit held to constame infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prompt for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nuninfn-nging equipment, or modify it an it becomes noninfriaging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for hie benefit of creditors, appoint a wwmw or wsree far any of the Sellers property or business, this order may forthwith be canceled by hie purchaser without liability. Pu GOVERNING LAW. The definitions ofternes used or the interpraation of the interment and the nghts of all parties herewder shell be compared under and governed by the laws oftbO State of Coloni USA. The following Additional Conditions apply only in cases whoa the Sella Is to perform work hereunder, including the services of Sellers Rewca=tative(s), on the premises ofmi 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk it the same is Billy completed and scooped, and shall, in u of any mcident, deswction or injury ro rfie work and/or materials before Seller's final completion and ace=rmme, complete the work at Sellers own expense and to hie satisfaction of the Purchaser. When materials and equipment are Bimished by others for installation or erection by the Sella, the Seller shall receive, unload, store and M1andte same at the site and become responsible therefor as though such materials and/or equipment were being fumiahed by the Seller under the order. 18. INSURANCE. The Seller 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 state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, coramo lual and automobile public liability insurance with bodily injury and death limits of at lest $300,00s) for any one person, $50o,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and ins ounce. Before any of Me Sellers or his tom prams employees shall do any work upon the premises of others, the Salle shall Bimlsh the Purchase with a certificate that such compensation and insurance have been provided Swh certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and imposture expires. The Seller agrees that such compensation and immance shall be mainuined until after the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase meet or in connection herewith. The Seller will indemnify and hold harmless the Purchas=and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, an its officers, agents or employees at my time on account or by reason of any act action, neglect, omission or default ofrhe Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, hie Seller hereby agrees to assume the defense therof and in defend the same at the Sellers own expense, to pay any and all costs, charges, aaomrys foes and other expenses, any and all judgments that maybe 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 b, placed upon or obtained against the pmpmY of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued Forward thereto. Revised 07/2014