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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS - PURCHASE ORDER - 9933394aCity of Fort Collins Page Number: 1 of 1 Date: 01/14/03 Purchase Order Number: 9933394 DeliveryDate: 11/28/01 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. NOW Line Qty/Units Description Extended Price 4 1 LOT ADDENDUM T09933394 4,771.35 Total This order Is riQUialid 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 Phone: 970.221-6776 Fax: 970.221.6707 Email: info@ci.fortcollins.co.us 4,771.35 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS. Invoice Addies. To wore Prompt Payment mail invoices in duplicate to'. City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By swarm the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemptiw Certificate of Registry g4-6000587 is rcgisaed wish the Collator of Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gonda Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped in due in &fare of damage in bait, tray be occurred to yen for credit and are not to be replaced incept upon receipt of writs= instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Find Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authaimd payment m the part of the City of Fort Collins. Howeva, it is to be undcrsmod thin FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedurn. Freight Tama. Shipments asset be FOR., City of Fort Collins, ]W Wood St, Fort Collins, CO 80522, unless Otherwise specified on this crier. Ifpmniaim is given to prepay freight and charge separately, tier migiml freight bill mat accompany invam. AdditiaW charges for puking will am be accepted. Shipment Distance. Where mmufectaens have distributing points in various parts of the country, shipment is suspected from tha almost distribution point en destination, and suss freight will be deducted From Invoice when shipments are made from grcma distance. Permits Sella shill procure in seller ..Is cos all neusmy permits, utoficlum and licerwn required by all applicable laws, nos dariom, ordinmcw mdmles ofthe sham, municipality, territory or political subdivision where the wok is Performed, a taluird by any other duly commutelpublic amenity havinijuriadiction over the work of vmdm. Sella Further agree to bold the City of Fort Collins harmless from and against all liability and loss incurred by them by rearm of an amerW or mtablishal violation of any such laws, regulations, ordinances, mile and requirements. Authorization. Ali penis to this combo[ agrees that the repnesrntatives are, in fact bona fide and passers full and complete authority to bind said Fames. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the trans and conditions sited herein sal fad, and my supplementary Or additional tram and conditions armsed baeto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are, objMed to and hereby rejected. 2, DELWERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you premised delivery dsm as need Time is of the aseme. Delivery, and perfommce must be effaud within do time sated on the purchase order and the documents coached herein. No ants of the Perehuae including, without limitation, acceptance of partial lam deliveris, shall operate in awaiver of this provision. hi the event of any delay, the Putchsa shall have, in addition to other legal and equable remedies the oprim of placing this order id ewhere and holding the Sella liable for damages. However, the Sella shall am M liable for damages as a mutt of delays due to causes not reasonably foreaeeaale which are beyond its resonable control and without its fault ofneglig all, ash raw of Gad, acm of civil or military authorities, governmenW priorities, floes, arks, flood, epidemics, wan or rids provided tba notice ofthe conditions owning such delay is given to the Purchaser within five (5) days ofthe time when she Sella fiat received knowledge thereof. In the event of my such delay, the data of delivery shall be amended for in. period equal to the time mouthy lost by reason offie delay. 3. WARRANTY. The Salle, wmmen thnd all grads, order, materials and work covered by this aria will conform with applicable drawings, specifications, surples odor other descriptions given, will be fit f r the purpose intended, and pafamed with the highest degree of are and compntance in accordasu with accepted standards for work of a similes nature. The Sella agrees in hold the puchasa Immodest from my Iws, damage or sperm which the Purchaser may suffer or incur m mcmmt of the Shcers breach of warranty. The Seller shall replace, Oscar or make good. without cost to the purchaser, my defects m faults arising within one (1) yea or within such longer period of time as may be pmcnbsd by law, or by the terms of my applicable warranty provided by the Sella ads the date of sccepsaim of the goods famished hereunder (amorphous not to be umeaeonebly delayed), reaching from imperfect or defective work done or materials famished by the Sella. Aceeptanse o shnot ce, or uof goads by the Purchuall constitute it waiver of my claim antler this warrouty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall island to all damages proximately owed by the breach of my of the foregoing warranties or gum=,be.sohliabilitysbalinmeventindudelassofpmfibmlossofine. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes in legal rams by written change order 5. CFIANGES IN COMMERCIAL TERMS. The Pwchuer may make my changes m the town, other than legal tams, including additions to or deletion from the quaneitien Originally ordered in the specifications or drawings, by verbal or wrimm charge mile. If my such charge affectr the amount due Or the time of perfam=u hereunder, an equieble adjustment shall be made. 6. TERMINATIONS. The Patch. may a my toe by written change Order, terminate this agreement as to MY in all Fortune of the gown than not Nipped, aub3at a=y scramble attachment between the Parts u in anY work or maaiaw Nwn in pOogess provided that the Pmcbame shall not be liable for my claimer for anticipated profia on the =completed portion of the goods siNor work, fm incidental or consequential damages, not that no such adjustment be made in favor of the Salle. with respect in my goods which aft the Sellers standard suck. No such tamaeWon shall relieve the Purchaser Or the Seller of my of their obligations in to my grads delivered nations. ]. CLAIMS FOR ADJUSTMENT. Any, claim fa adjustments most be warted within thirty (30) days film the dine the change or unnivation is ordered S. COMPLIANCE WITH LAW. The. Sella warmers Not all goods sold herenurAer shall have bran produced, sold, delivered and Furnished in and compliance with all applicable Iws and regulations in which the goods are subject. The Sella shall exelaw and deliver such documents as my be requiredas affair Or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refaeue. The Sella sigma to indemnity and hold the Purohua ha sb s from all touts and damages suffered by the Purchaser as a It of the Sellers fail.. m comply with such law. 9. ASSIGNMENT. Neither paty shall arraign, mnafer, Or convry, this order, or my monile aim Or to become due harenda without the priou wnum cmment of the other party. 10, TITLE. The Sella wommts fall, clear and mastriaed title to the Purchaser fa all egapmme, maraals. ad item famished in performance of this agromrnt, flee and clear of my and all liras, restricti=, reservWom. security interest mcummancs and claim of other. 11. NONWAIVER. Failure of the Purchase. no been upon strict pafmmanu of Ne warm and conditions, hereof, fiblon M delay, to exercise any rights or remedies provided herein a by law, failure to promptly notify the Sella in the event of a bunch, the acceptance of m payment for goods hereunder or approval of the design, shall not release the Sella of my of the warranties or obliged ow of this porch= order and al It not be deemed a waiver of my right of the purchase to insist upon strict pedmmanu hereof w my of its rights Or remedies as; to my such goods, regardless of whin shipped received or accepted, in an my prim or subsequest default hereunder, nun shell my purported osd modification or rescission of this purchase order by the Purchase. Operate ex a waiver of my of the semre hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rewgnic, that in ¢crud ecoarml Prentice, overcharges resulting Bon mohuat vidations are in fact home by the Pachser Thadofine, for goad curse and as; consideration fan excluding this purchase ads, the Sella hereby ssigm in the Furchsa my and all claims it may now have or hereafter acquired under fedeW Or state summon laws for such overcharges eluting in the patimlar goods Or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purhhuser dimau Na Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pu cl ser and the Sella, and the Sella Hereafter indicate its inability or unwillingness in comply, the Purchser may cause the work to be performed by the most expeditious moms available to it and the Sella shall pay all cuts asseciated with such work. The Seller shall release the Purchased and its combacmn of my our fiom all liability and clam of my nature resulting from the perform== of such work. This release shall apply even in the event afault ofmgligrnc s of the party released and shall extend to she diraurs, officer and employees of such party. The Sellers conb.ta d Obligations, including wmmry, shall nun be, dunned to be rodimed, in my way, because such work is performed or caned to he performed by the Pur lour. 14. PATENTS. Wh =eve. the Seller is requited to we my design, devim, material Or process located by Iona, patent trademark or copyright, the Sella shall indemnify and save hamloss the Purchaser from my and all claim for infringarant by reason of the we of such pounded design, device material Or process in connection with the contrast and shall indemnify the Purchaser for my cost, expense in damage which it may be obliged to pay by reason of such infringement a my time during the prosecution or able the mmplWon ofthe work In case said equipment, or my pert thereof or the intended use of the goods, is in such suit held to caulitue infiingement and the we of said equipment m Imt is enjoined, the Seller shall, a its own ex{me and in its option, either procure for the Purchaser the right to continue using said equipment w paw, replace the sane with aubstmtlally equal but non-infiinging equipment, or modify it so it becomes non-infiinging. 15. INSOLVENCY. If the Sella shall become insolvent or bmlvupt, malice an assignment for the benefit of achown, aPPant a receiver or "gee for my of the Sellers property or business, this ads may fmthwia be canceled by the Purchser without liability. 16. GOVERNING LAW. The definitions of terms wed in the interpretation of the agreement and the rights of all pasties hereunder shall be mounted maker and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues where the Sella is to perform work hereunder, including the services of Seller Reprnentaive(s), on the Premises of oasts. 19. SELLERS RESPONSIBILITY. The Sella shall tarty on said work a Sellers own risk until the more is fully completed and accepted, and shall, in cue of my accident, destruction m injury to the work andor materials before Sellers final mmplaion and acceptance, complete the work at Sellers own expense and in the satisfaction of the Purchases. When materiels and equipment are famished by others for installation Or erection by the Sella, the Sella shell receive, orbital, sae and handle same a the site and become responsible therefor a though such materials and/or equipment were being formation by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpmnWon, including Omupatimal diseme benefits, to in enployea employed on or in aumedion with the work corm dby this purchase order, ad/or to their depwndents in accordance with the laws of the atone in which the work is to be dove. The Sella shall also carry comprehensive general liability including, but nun limited m, contactual and automobile public liability insurance with bodily injury =d death limits of ed leas 134)),0W for my one Prime, $500,000 for my our socident and property damage limit per accident of S400,000. The Sella shall likewise require his ramamtm', if my, in provide for such umpensetion and insurance. Before my of the Sellers or his contractor employees shall do my work upon the pmnuer of Who, the Sella shall Danish the Paolaser with aontificae that such compensaion and insurance have town provided Such can ifncews hall specify the doe when such compensation and usamc, have been provided Such mniftcala shall specify the date when such compeneWon and insurance slim. The Sella agrees that such compensation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby amounts the entire responsibility and liability for any and all damage, Ian or injury of my kind or nature whmoever to persons or proomry, loused by m mulling farm she execution ofthe wars, provided fa in this purchase Order or in commerical herewith. The Sella will indemnify and hold hamles the Purchaser and my or al of the Fumble. offloons, agents and wasphyma from and unmet my anal act claims, loser, denmges, charges or expenses, wbetha direct to indirect, and whether in fa m us or popery to which the Puahaser may be Put a aubjea by reason of my act action, neglee, erasion a defmlt =the pan of the Sella, my fhi. emtaclor, m on, offie Seller m cmnbador officer, agree m ampuFaa. In. my suit or Warr laminating, shall be brought against she Purchase, or its officers, allow or employees at my time on account Or by reson of my xr, action, neglect Ornluion or default of the Sella of my of hie emhxtos m my Of its Or their "flux"', elands err employees m aforesaid, the Sella hereby agree to assume the defense thereof and in defend the same a the Seller own exp cc e, to pay my and all caw, changes, aw ni fans and other cos moss, my and all judgmenw did may be incmrM by or obtained against the Purchaser or my of its or their"ffic"', allow ne reployees in such mite in rho proceedings, and in cue judgment in ether firm be placed upon or obtained agaiwt the property of the Purchases, or said Partin in or as, a result of such suits or other f mending,, the Sella will a one case the sane to be dissolved and discharged by giving bond or athdwne. The Sella and his cantuums shell hike all safety prerwtions. Finnish and instal all guard' necessary for the prevention of amidenw, comply with all laws and regulations with regard to safety including but without limitation, the OcenpWonal Safety and Health Ad of I and all sera and regulations issued puromt Hereto. Readied 11/9