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HomeMy WebLinkAbout150626 NIGP - PURCHASE ORDER - 9933319Date: 12/18/02 City of Fort Collins s_� Page Number: 1 of 1 City of Fort Collins Purchase Order Number: 9933319 Delivery Date: 11/26/01 Buyer: Purchase Order number must appear on 'nvoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Oty/Units \ Description Extended Price 6 1 LOT Services Total 440.00 440.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 PO Box 580 Phone: 970-221.6776 Fax: 970-221.6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522-0580 Maa. gall :lr rl. 1. COMMERCIAL DETAILS. Invoice Address. To masers Prompt Payment mail invoices in duplicate to'. City of Fort Collins Accounting Division P.O. Be. 580 Fat Collins, CO 90522 Tax exemption, By stamee the City of Pat Collins is exemp from was and local taxes. Our Exemption Number is 98A4502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered wish the Collector of Internet Revenue, Denver, Colorado (Ref Colorsdo Revised Stares 1973, Chapter 39-26, 114 (a). Goode Rejected, GOODS REJECTED due to failure in most specifications, either when shipped or due in defects of damage in o-anit, may be [moved to you for credit and are not to be replaced except upon receipt of women instructions from the City of Fat Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Accept., gecelpt ofthe macharmdiss, saviors or equipment . nesporue u this order can result m wthori d payment an the pan of the City of Fort Collins, However, it is to be aderstood that FINAL ACCEPTANCE is dependent upon conryletion of all applicable required impection procedures. Freight Tams. Shipments mass be TO City of Fat Collins, 7N Word St, Fat Collis, CO 80522, unless Otherwise specified an this ads. Ifpamission is Sim rap arty freight and charge seperaely, the original freight bill mmrt accompany invoice. Additional charges for packing will net be accepted Shipment Distance. Where manufatrmers have distributing points in varios parts of the country, shipment is expected from the neacst distribution point to destistim, and extras freight will No deducted from Invoice when shipments ere made from greater, distance. Permits. Sella shall Resort a sellers wle cost all necessary permits, certificates and licenses requid by all applicable Iowa regulations, ordinances and nodes ofthe state, municipality, territory or political subdivision where the work is performed, or required by my other duly mentioned public authority havingjurisdiction ova the wok of vendor. Sella father ogres to hold the City of Fort Collis harnless from and against all liability and loss incurred by them by reason of an macr[ed or established violation of my such laws, regulations, Ordinances, roles and rcgulrsments. Authorvation. All parties in this contract agree the the reprnaminfivm ere, in fact, Isom fide and posters full and complete authority to bind said parties. LESBTATION OF TERMS, This Famous, Order ca,m ely limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional tams and conditions annexed hero or incorporated herein by ref.ence. Any additional or different temp and conditions proposed by seller ere objected in and beeby rejected. 2. DELNERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment u erive an your Promised delivery dare n noted Time is of the caawoe. Delivery, and performance most be effected within the ore stated an the purchase order and the documents attached hero. No eats of the Purchasers including, without limitatim, acceptance ofpmW Into deliveries, shall operate as awaiver of this provision. In the event of any delay, the Purchases shall have, is addition to other legal and equitable smwdies, the option of placing this ads elsewhere and holding the Seller liable for damages. However, the Seller shall nor he liable for damages a a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligmce, such ens of Gad, as of civil or military authorities, governmental priorities, fires, stakes, flood, epidemics, ware or riots provided that notice ofthe conditions casing such delay is given in the Purchaser within five (5) days ofthe time when the Sella far received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the peril equal in the time wholly lost by reason of the delay. 3. WARRANTY. The Seller warmts dint all goods, maide, materials and work coved by this Order will conform with applicable dressings, specifications, setrrnles and/or other description given, will be fit for the prlarm intended and perfomad with the highest degree of care and competence in accordance with accepted amderds for work of a similar nature. The Sella egret to hold the padres hemdess from my loss, damage or expense which the Purchaser may suffer or incur on mecum ofdie Sellers breech of warranty. The Sella shall replace, repair a make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tom of any applicable warranty Provided by the Sella after the date of aceeptmce of the goods famished hereunder (aaptnce not to he unnewanably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance in we ofgoods by the Purchaser shall not common, a waiver of any claim ender this waanty. &cc%as otherwise Provided in this Famines rode, the Sellers liability heremda shall examd in all damages pvximmely caused by the breach of any of the foregoing warranties or gmwwm, but such liability shall in no event include Iron ofprofmts a loss of we NO IMPLIED WARRANTY OR hiERCE[McTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase. may make any changes to dr now, other Dan legal tams, including addiams to or deletions from me qumtifice originally mdered in the specifications or drawings, by verbal or writen change end.. If MY such change affects the mount due or the time of perfomana hereunder, an equitable djmtnent shall be merle. 6. TERMNATIONS. The Purchaser may, at my time by written change order, terminate this agreement as to my or all portions of the goods than nor shipped subject in my yuiable adjumnent between me parties se to my work or anneals then in Progreso provided that the Purchaser shall not be liable for my claims fin mncipated profits an the uncompleted portion ofdio goods and/or work frr incidental or m aegsrntiai dmages, and that no such adinetm not be mad& in favor ofthe Sella with rasect to any goads which are the Sellers standard suck. No such temtinetiou shall relieve the Purchaser or the Seller of my of their obligations w many goods delivered haeunde. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most the acco dwithin thirty(30) days firm the daze the change or morimtion isceded. S. COMPLIANCE WITH LAW, The Seller warrants that ill gads sold hereunder steal have been produced sold delivered and furnished in end compliance with all applicable laws and regulations in which the gods are subject. The Sella shall =cuts and deliver such documents astray be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chasacter arc hereby unsupported ted herein by this refereace. The Seller agrees to indemnify and hold the Purchaser barmless from all cost and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vaster, ne move, this Order, or my nunies due or to become due hereunder without the prior wrism consent of the Other Party, 10. TITLE. The Sellama. Of his clear ash , free and char o the Pa it .11 lfOr all egdprcn, meteriela, aril items Y interst in performance of this agreement, free end dear of any and all liens, restrictiana, rmervaios, saurity interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Pwchasa to insist upon strict perf.. of me terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein a by law, failure to promptly notify the Sella in the event of a breach the acceptance of in payment for goods hereunder or approval of the davign, shall ma release the Seller of any of the wmmties or obligations of this purchase Order and shall not h deemed a waiver of any right of the purchaser to insist upon scut performance bereof or my of its rights in rerrrethes se to any such goods, regardless ofwhen shipped received or accepted, se an my prior or subsequent default hereunder, nor shall any purported oral modification a rescission of this purchase order by the Purcbma operate a a waiver of any of she terms hereof 12. ASSIGNMENT OF ANTITRUST CIAE1fS. Seller and the Purchaser recognize that in actual ceonomic facades, overcharges resulting from winner violntims we in fact home by the Part. Thaetofine, for good reuse and re cmaddemuoa fa etauoag thin Pmcbase ads, the Seller hereby assigns in the Purchaser my and all claim it may now have or hereafter acquired undre federal in state antivust 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 Purchase directs the Seller to comect nonconforming or defective goods by a daze to be agreed upon by the Purchaser and the Seller, and the Seller thamhor indicates its inability or unwillingness in comply, the Purchaser may cause the work to he performed by the most cepeiiuous moms available to it and the Sella shall pay all teas wwriated with such work. The Seller shill release the Purcbasa and its contractors of any tie from all liability and clam[; of my nature resulting from the performance of such work. This release shall apply even in the evert of fault ofnegligana of the party retained and shall extend to the directors, officers and employces of such parry. The Sellds contrctud obligations, including warmly, shall not be dead to To reload in my way, bceause such work is permmed or caused to he performed by the Purchaser. 14. PATENTS. Whenmer the Sella is required mass my design, device, mataint or process wveredby letter, petit trademark or copyright the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the we of such patented design, device, materiel or process in connection with she contract, and shell indemnify the Purchaser for my cost, expense or damage which it may I. obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, many pan thereof or the intended we of the goads, is in such suit held to consulate infringement and the was of said equipment or pen is enjoined, the Seller shall, at its own exfma and a its option, eth. pocure fa the Purchase the right to continue sing said equipment in putt, replace the same with substantially Must but non -infringing equipment, or modify it so it betomev non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankmM make an assignment for the benefit of creditors, appoint a receiver or holes for my of the Sellers popery Or immons, this order trey forthwith be canceled by the Purchases withoa liability. 16, GOVERNING LAW. The definitions of terms used or the ima"ation of the agreement and the rights of all parties hereunder shall be construed mda and governed by the Iowa of the State of Colorado, USA. The following Additional Cordiuow apply Only in cases where the Sella is in Perform work b.eunda, including the service of Sellers Repeseachrow(s), an the penises of others. ❑. SELLERS RESPONSIBILITY. The Sella shall wary ou said work a Seller's own risk unfit the same is fully completed and accepted, and shall, in case of my mciden, destruction or injury to the work and/or materials before Seller's fill completon and aceptmce, complete the work at Sellds awn asperse and to the satisfaction of the Panama, Whm materials and equipment are finished by others for installation or maim by the Sella, the Sella shall receive, unload, sae and handle same at the site and become responsible therefor as though such materials and/or aquipmmt were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, a his own czpenes, provide fen the payment of workers compenmfion, including oceupational disease bma,' in its amploym employed an a in connavon with the work covered by this purchase odes, and/or to their dependants in accordance wish the laws of the state in which the work is to be done. The Sella shall also any comprehensive genera liability including, but not limited to, contractual and anomobile public liability insurance with bodily injury and death limits of a Iona $300,0W for MY one ptson, $500,OOo for any One weideat and property damage limit pa accident of $4W,000. The Seller shall likewise require his conbaaors, if my, to provide for such compesation and insurance. Before my of the Sellers or his contrawrs employees shall do my work upon the premises of others, the Seller shall Finnish the Purchaser with a con ificatc dint such wmpvudon and insurance have bem provided Such certificates shall specify the date when such commummon and insurance have born provided. Such certificate shall specify the data when such compensation and insurance aspires. The Seller agrees that such compensation and insurance shall be maintained unfit after me =fire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assanes the entire responsibility and liability for my and all damage, Im or injury of my kind in nature whanceva to pasone or property caused by or resulting from the cavmfim of me work provided fen in this purchase order Or in wnnecdm herewith. The Seller will indemnify Out hold harmless me Purchaser and my or all ofthe Pardmesis offices, sg.s end employees From and against my and all chins, less, damages, charges or expeses, whether direct or indirect, and whether to persons in Proper to which die Purchaser may he Put or subject by ra. of my not, scum, negla, omission or defdt on die par of me Sell., my ofhis catractme, in my of the Sellers or commman officers, agent or employees. In case my suit in other proceedings shall be brought against the Purchaser, a its officers, agent or employees at my time an account or by reason of my aft, action. negle , mission or default ofthe Seller of my ofbis contractors or my afire Or mein offcan, agents m employe as afinemid, the Seller hereby agrees to assume the defense thereof and to defend the same a the Seller own expense, to pay my and all coat, chages, amaneys fees and other experae, my and ill judgment dies may h inaard by or obtained swains the Purchaser or any of it a then officers, agent a employees in such ruin or other proceedings, and in case judgment or other Jim be placed upon Or obtained against the Property of the Purchaser, or said paves in a as a salt of such suits or other proceedings, the Seller will in ones cause the sow . be dissolved and discharged by giving bond or otherwise. The Sett and his commitment shall take all safety prscaation, famish and instal all goad¢ necessary far the prevention of Meidows, comply with at laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heath Act of 1970 and all rules and regulations issued pamuant theaw. Revised 11/9