HomeMy WebLinkAboutCOLORADOAN - PURCHASE ORDER - 66069536a 5/
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�i City of Fort C041jris '.,
City of Fort Collins
Page Number: 1
Date: 01 /08/07
Purchase Order Number: 6606953
�-Ivwly tea«. i ilui/vo Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 06-07 State JAG 15,000.00
Change terms and conditions
2 06-07 State JAG 1,344.00
Change terms and conditions
City of Fort C m Director of Purchasing and Risk Management
This order is rtQlhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Total $16,344.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
encumbrances and claims of others.
1. COMMERCIAL DETAILS.
Invoice Address. To -sure prompt Payment mail invoices to duplicate te:
City of Fort Collins Accounting Division
P.O. Box 580
Fort Collins, CD 80522
Tax exemptions. By statute the City of Fort Coll'ws is exempt fiom state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 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.
Inspection. 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 order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.H., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless
otherwise specified on this order. Hparnission is given to prepay freight and charge separately, the original freight bill
most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments are
made from greater distance.
Permits. Sena shall procure at sellers sole cost an necessary permits, certificates and licenses required by all applicable
laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is
� performed, of required by any other duly constituted public authority having jurisdiction ova =rk 2 vendor,
nV
Authorization. AD parties to this comma agree that the representatives me, in fact, bougde and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions matedherein
sa forth and any supplementary or additional terms and conditions annexed hereto or mcorpomtedhereinby reference.
Any additional or different terns and conditions proposed by sego are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached herao. No acts of the Purchasers including, without
limitation, acceptance ofpmial late deliveries, shall operate as a waiver of this provision. In the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Sena gable for damages. However, the Sella shag not be liable for damages as a result of delays due to
causes not reasonably foreseeable which me beyond its reasonable control and without its fault ofnegligence, such acts
of God acts of civil or military authorities, governmental priorities, fires, strikes. Flood, epidemics, was or riots
provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time
wh-the Seller fast receivedknowledgether-f. lathe event of my suchdelay, the dateof delivery shall be extended
for the Period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants 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, and performed
with the highest degree of care and competence in accordance with accepted standards for work of a similar nart44
\\ The Sella shall replace, repair or make good, without costlyth
V, purchase, any defects or faults arising within one year orwithin such longer period oftime as maybepresenbed by
law or by the terns of any applicable warranty provided by the Seger after the date of acceptance of the goods
famished he eurrder (acceptance not to be umeasoaably delayed), resulting from impefat or defectivework done or
materials furnished by the Sella. Acceptance or use of goods by the Purchase shall not constitute a waiver of any
claim under this warranty. Except as otherwise prodded in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of my ofthe foregoing warranties 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 Purchaser may make any changes to the Jams, other than legaltenns, including additions to or deletions from the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shag be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods
that not shipped, subject to any equitable adjustment between the parties as to miry work or materials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that an such adjustment he made in favor ofthe Sena
with respect to any goods which me the Sellers standard stock. No such termination shag relieve the Purchase or the
Seger of my of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assayed within thirty (30) days from the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunde'shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods me subject, The Sena shall execute and deliver
such documents as may be required to effect or evidence compliance. An laws and regulations required to be
incorporated in agreements of this character we hereby incorporated herein by this reference. T4e9cifrre5nas to
mdswa4LAajLUd th n1m from all costs and darnsom suffaed the Purc
9. ASSIGNMENT. 7
Neither party shag assign. transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
Th\ ,demand unrestricted title to th asa for all equipment rats, anditems in
perform this agreement, free and cl any and all liens, nets ' ns, resavatio unity interest
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller' in the event of akrnach,
the acceptance of or payment for goods hereuader or approval ofthe design, shall not release the Sella of any ofthe
warranom or obligations of this purchase orda and shall nor be deemed a waiver of my right of the purchase to insist
upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seger and the Purchase recognize that in actual economic practice, overcharges resulting from antitrust violation,=
in Pact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Sena hereby assigns to the Purchase any and all chains it may now have or hereafta acquired unda 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 Purchases may
cause the work to be performed by the most expeditious means available to it, and the Sena shag pay all costs
associated with such work.
The Sena shag release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting
from the performance of such 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 employees of such party.
The Seller's contractual obligations. including warranty, shall not be deemed to be reduced, in any way, beceusesuch
work is performed or caused to be performed by the Purchaser.
Whenever the 8ella is to material or process covered by [, trademark or
copyright, the Seller in andsave ha-d afirom anyaM Pon irdniognsned byres"m
ofthe use ofsu tamed des' device,maz mproeess in comrcction contmc"andshan indemnify the
Purchase f y cost, expense or 'ch g may be obliged to pa reason ofsuch infiinganent a[
duringt prosecution or other the etion ofthe work. In case sal uipment, or any
part thaw Ipten[IOd
use a goods, u vt such suit to constitute hnfiingemenI an use of said equipneM u-jokned, the
er shalh at its own exp and et its option, either proc for the Purchma the ' to continue using said
oipment or pars, rep the same whh substantially equal 'rem_
eq ' t, or. modify it m h becomes
15. INSOLVENCY.
If the Seger shall become insolvent or bankropt, make an assignment for the benefit ofcreditors, appoint a receiver or
trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without
liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the rights of all parties hereunder shag be
construed under and governed by the haws of the State of Colorado, USA.
The following Additional Conditions apply only in cases what the Sella is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of others.
/ . SELLERS RESPONSIBILITY.
e Sella sam shall carry on said work at Seller's own risk unfit the e in fullycompleted and accepted, and shell, incase
of any accident, destruction or injury to the work and/or materials before Seller's fatal completion and acceptance
complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
furnished by others for installation or erection by the Sena, the Sena shall receive, unload, store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sena
under the order. /9
"!kI8. �t
e�Sella shalL ours ownexpenseprovide for ym of workers compensation. including occupational disease
baenefirs, to its employees employed on or nonwhhthe work covered by But purchase order, and/or to then
dependents in accordance with the of the state in which the work u t .The Sena shag also carry
comprehensive general liability uding, but not limited to, contract automobile public liability insurance with
bodily injury and death ' of a least $300,000 for any one a, S500,000 for any one accident and property
damage Limit per acci of $400,000, The Sella shall a require his contractors, if any, to provide for such
compensation - ureace, Before any of the ScW or his contractors employees shag do any work upon the
premises ofot , the Seller shall famis�Puveiffiacerfificmeflou such compensationand insurance have
pro,' . Suchcertificatesshall spwhen such compensation act insurance have been provided
h ificates shall specify the date ensation and matmeme ex* Sella agrees that such
tion and usurance shag be fts the euteCwArtis cmm�lrrbd amemM
The 5711ft-liereby assumes the -tire rceponsi '' and liability for aty and alldamage, lossor injury of any kind or
nature whatsoever to persons or property sad by or resulting from the execution of the work provided for in this
purchmeordaminconnationhaew a Seller will indemnify and hold hartNess the Purchaser and any or an of
the Purchasers officas. ergents an m ,;- from and against any and all claims, losses damages, charges or
expmses,whehad'natorindr ,mdwhdhatopet morpropertytowhichthe Purcbasamaybe pu�tt ��bjecl
by reason ofany rot, action, Iect. omission or default on the pan ofthe Sena, any of n�ranyofthe
Sellers or contractors offi ,agents or employees. Incase any suit or other ngs shall be bought against the
Pm'<haser, or ins offic agentsoTemployeesalanylimeo S.U.i1t ten nofmyad,actionrregled.orriLti n
or default ofthe Se ofany of his contractorsor any of its ff officers, agents or employees as aforesaid, the
Seller hereby agr9A to assume the defense the -rand to d the same at the Sellers own expense, to pay any and
all costs, charg , attorneys fees and other expenses, and an judgments that may be incurred by or obtained against
the Purchaser r any of its or their officers, a s or employees in such suits or other proceedings, and in case
judgment or &er then be placed upon or obt' ed against the property ofthe Purchaser, or said parties in or as a result
ofsuch suits or other proceedings, theS will at once cause the same to be dissolved and discharged bygivlog bond
orotherwise.TheSegaandhiscontr on shall take all safety promotions, furnish and install all guards necessary for
the prevention of accidents, cc y with all laws and regulations with regard to safety including, but without
limitation, the Occupational Sa y and Health Act of 1970 and all rtdm and regulations issued pursuant thereto.
Revised 11/91