Loading...
HomeMy WebLinkAbout254063 W L CONTRACTORS - PURCHASE ORDER - 3169Date: 01/14/03 City of Fort Collins Page Number. I of 1 City of Fort Collins Annual Purchase Order Number: 3169 Delivery Date: 01/14/03 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Oty/Units Description Extended Price 1 lot B02-10-419A AND LETTER TO CITY OF FORT COLLINS DATED DECEMBER 10,2002. As per Bid - City of Greeley Total This order is r1gthalid 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 120,000.00 120,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Paymmt mail invoices in duplicate to City of Fat Collins Accounting Division P O. B. 580 Fors Collins, CO 80522 Taxexemptions. By statarethe City of Fat Collins is menu from sae and local tazw. Our Exemption Number is 98-04502. Federal excise Tex Esempdon Conform of Registry 84-6000587 is registered with the Collator of Internal Havenue, Denver, C.Emdo (Ref Colmrado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED clue to failure to meet spcificatime, citha when shipped or due to defeat of damage in crown, may be returned to you for credit and arc not to be replaced m qn upon receipt of wrimm irswetione from the City of Port Collim, Iapoorm GOODS as, subject to the City of Fm Collins inspection on arrival Final Accepsna. Receipt ofthe mrobmdise, services or equipmntin response to this odor can mutt in aahaised pymeat m the pat of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is d,mdmt upon completion of all applicable moulted impaction pre eduret. Freight Toms. Shipments most be P O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522unless, otherwise s,paifidon this ads. Ifpamissim I. is, gito note, freight and chargewpaaely, the mi Qfrerght Nil most accompay invoice. Adt itimml charges for packing will not be accepted. Shipment Distance. Where mssuf essen have distributing points in varion pens of the country, shipment is expaed from the nearest distribution point to dommim, and caws freight will be deducted from Invoice when shipmrnts art made from grater distance. Pntnis. Sella shall pressure a sellers sole cant all necessary parents, certificates and licenses required by all applicable laws, regulations, ordinances and miss ofthe sae, municipality, territory or political mbdivisicn where the work is pafomrd, or required by any other duly ecomiurted public authority havingjunediction ova Nowak of vender Sella fhrdne agree to hold the City of FM Collins barriers from and ageing all liability and Ions incurred by Nan by memo of a mated or wsbliMd violation of any such laws, regulations, ordinances, miss ad requirements. Authdmim. All parties to this contract agree that the representatives ere, in face, bona fide and Futures full ad complete anthaity to bind said parties. LIMITATION OF TERMS. This Purchase Order measly limits acceptance to the terns and conditions slated herein so fate and dry supplementary a addition) rem and conditions annexed hereto or incorporated herein by reference. Any additional a different terms and conditions proposed by seller are miectd to end herby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT irtanediately if you worst make complete shipment to now. or your promised delivery, date a noted Time is athe essence. Delivery and performanw must be effected within the time stated m the purchase order and At documents atached hereto. No acts of the Purchases including, without Immense, ense, compeer of partial late deliveries, Malt operate a awvver of this, provision. In the event of sly delay, the Purchera Mall have, in asAtim to other legal and equitable resmdw, the option afploing this ado elsewhere and holding As Sella liable IN manages. However, Ne Sella Mall rim be liable fa damages as. result of delays due to oats rut reasonably foreseeable wbiM ere beyond is reasonable cmtrd and withont is fads of negligence, such orb of Cud ants of civil a military amhorlfies, govmunotal primfics, fires, strikes, fond, Wideness, was moots provided dat more of the candidness cursing soh delay is given o the Purchaser within for (5) days of the time who, As Sella fiat received knowledge thereof. In the event of my such delay, thc date of delivery shill be amended fin the period equal to the two, actually lost by mum of the delay. 3. WARRANTY. The Sella warrants that all gods, articles, materials and work award by this order will conform with applicable drawings, specifications, sariplw and/or oho desaiption given, will be fit fir- the puryona imendd, and perfamd with the higher degree of core and competes= in secor lance with accepted standards he work of a similes more. The Sella agree m hold the purchaser homeless fiom dry lass, damage ce expense which the Purchasr my suffer or emr on account ofthe Sellers Meech ofwenanty. The Sella shall replace, repair or make good wAcut cos to the purchases, any defects a faults arising within one (1) year or within such longer paid of time as may he prescribed by law or by the teens of aty applicable warm, provided by the Sella after the dae olwapsnce of the gods furnished hemanda (acceptance not to be mrwaably delayed), resulting from imperfect co defective work done re mterials famished by the Sella Acceptance or use ofgoods by the Purchaser shall net camituto a waiver of any claim under this werenty. Except as otherwise provided in this purchase order, die Sellers liability hereovda shall Nand to all damages partimaely caused by the Mesh of my of the foregoing warranties or Resources, but such liability shall in m evens include Ins ofpofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SFIALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal terms by women change orda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaa my make my changes to the terms, other than legal tams, including addition to or deletions form the quantities originally ordered in the specification m drawings, by verbal or worse change order. If any such change affects the ono rat due or Ne tim of pert.. hercunda, an equiable adjamunt shall be made. 6. TERMINATIONS. The Purchaser my a my tim by written change order, terminate this agreement a to any or all portions of the good; Nan not shipped, subject to any equitable adjustment between the parties as to any work or worriers Nat in progress Provided the the Purchaser shall not be liable IN my claim for anticipated profits on the =completed porn= ofthe goods and/or work, for indented or consequential damages, and due an such adjustment be rode in favor ofthe Sella with respect to my gods which ere the Sellers standard sock. No such taMatlon shall relieve the Purchaser or the Sella of my cftheir obligations as to my goods delivered bermsda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment out be mated within thirty (30) days from the date the chaise or wormention is ordered. 8. COMPLIANCE WITH LAW. The Sella warants that all goads sold hererader Mall have been produced sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods ere subjca. The Sella shall execme and deliver such documws a my be required to effect or evidence compliance. All laws ad regulators required to be incorporated in agreements of this chouaca are hereby incorporated herein by this reference. The Sella agree to indemnify and hold the Purchaser harmless fran all cons ad damages suffordi by the Purchaser as a result of As Sell. failure to comply with ouch law. 9. ASSIGNMENT. Neither party shall assign, trmsfor, or convey this order, or my mence due orto become due bromder without the poor wrimca coneent of the ether party. 10. TITLE. The Sella nations full, clear and unrestricted ride to the Pachmer for ell cquipmea, weemals, and items famished ished in perfor once of this agroment free end clear of any and all liew, restrictions, taervations, security interest mcumbrancet end claims of what. IL NONWAIVER. Failure of the Purchaser to insist upon stria pafamence of the tam and conditions hereof, failure a delay to eremite my rigbu or remedies provided herein or by lens, failure to promptly notify the Sella in A. event of a branch, the acceptance of or payment for goods berenndar or approval of the design, shall not mime the Sella of any of the wamtice or obligations of this purchase order and shall not be domed a waiver of my right of the purchaser to insist upon send performance hereof or any of is rights co remedies a many such goods, regardless of what shipped, received or accepted, w to dry prim or sabeequml default herouvde, non shall my purported and modification or rescission of this purchm order by the Purchases operate an a waiver of my ofthe toms heroof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic pmctia, overcharges resulting from antitrmt violations ere M fad bane by the Forchwa. Theretofore, for good wuee and as eaneidandon for exaudo$this part. do, the Sella hereby assigns to the Purchaser as, eats all claim it may now, have or booster acquired color federal or state antitrust laws for such o meborgw relating to the particular goods or services purchased a acquired by the purchaser puramnt In this purchase coda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puraaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability of unwillingnem to comply, the Purchaser may came the work to be performed by to seat expedidons mess available to is,, and the Sella Mall pay all cons associated with such work. The Sella shall mime the Purchaser and is cantractm of any Ira from all liability and claim of any nature resulting Dam the Performance, of such work. This rclwe shall apply even in Ne event of fault of negligence ofthe party released and shall extend to the directors, offices and employees of such party. The Sellers contractual obligations, including warranty, Mell rut be cleaned to be reduced, in my way, come such work is performed or cased to be performed by the Parch.. W. PATENTS. Whoever the Sella is required m use any design, device, material orprocess coverts by later, patent underank or copyright, the Seller shall indemnify and save hamlet the Purchaser from any and all claim for infringement by reason of the use of such patented design, device, material or powers in coaation with the convect, and shall indemnify the Purchaser for any cat, expanse or damage which it may he obliged to pay by eason of such infringement at any time during the Praeaution a after the completion of the work In care said equipmatt a any pan thaaf or the intadd we of the goods, is in such suit held to commuro infringement and the use of said equipwart ce part is enjoined, the Sella shall, at its own expense and a is option, either procure for the Purchaser the right to continue wing said egwpment m pats, replace the same with substantially Nual but rim -infringing cguipment or modify it so it boomer, non -infringing. 15. INSOLVENCY. If the Sella Mall become insolvent or bai6npt make an assignment for the benefit of ain iton, appoint a recover or trustee fin any ofthe Solve property a business, this order my fnshwith be canceled by she Purchssa without liability. 16. GOVERNING LAW. The definitions clears used a the intaprt+ation of the agreement and the rights of all parties hereunder shall be corunued undo and govemed by the laws ofthe Star of Colorado, USA. The following Additional Condition apply only in cams where the Sella is, to pefam work hereunder, including die services of Sellers Repmourtative(s), on due premim of othem. M SELLERS RFSPONSIBI.ITY. The Sella shall carry on said work at Sellers own risk =fil the saes is fully completed and accepted, and dull, m ewe of any accident destruction or injury to the work and/or materials before Seller final completion and .Wt., complete the work a Sellers own expense and to the sadsfection of the Purchases. What materials and equipment ere (mashed by oNens far installation or oration by the Sella, the Sella shall receive, stood, ram and handle same at the site and become responsible therefor as though such materials and/or es Wpment was being fumshd by the Sella under the order. T INSURANCE. The Seller shall, ai M1e own expnu, provider i the peymam it wakm compredbi this including occupational disease do sudeto in employes employed la s in mrmection with the work covered by Nis.Purchase Sellaorder,shall ands to their dependent in accordance with the lawn of the sae in which the workt u o d done. The Sella ehia oleo carry insurance wo comprehensive general liability including, ofN but net limited m, y m contractual and atomobile public lability in sopwithtidily injury anddeath Itmitsof0,heart The Sell sanyonepews gm his mymeemy, to and property damage use per accident of a Before The Sella ell or his squirt hie wloyees . if any, o provide for such cmspmsaim and inura shall Before any of the Seller a hie cmorcmn employees cm shall do any work upon the premiseof&has,ch Sella Mallfmnshthe Pachaer with such ifimuthat ca romaglennce and been pros have ban provided. Such certificates shall specify the dam when such cconpauation and instance have been povidd. Such met ration shall specify the date what such compensation and taurancec is con The Sella agrees the each compensation and insurance shall h maineaned until after the entire wok is eompled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes the antire responsibility and liability for any and all damage, lase a injury of any kind or net=whatsoever to persons or property cased by or moulting fan Nc execution of rise wait Provided for in Nis purchase order or in ..a. herewith. The Sella will indemnify well hold harmless the Purchaa and my or all ofhc Porchwers affcer, , opens and arryloyea from and agaim my and all claim lasses, denagea charges or expenses, whether direct or indirect, and whether to persms or property m which the Pachwa mq No put or subject by ream of any non, action, m'Ise" omission a default on the part of the Sella, any of Me currencies, or any of the Sellers or contractors offices, agents or employ=. In we dry suit co other proceedings Noll be brought against the Purchaser, or its of mms, signals; or employees many tim on account a by season of my ace, notion, neglect, session ce default of the Sella of my of his contractors a my of its or Nor aRcers, agents or employee as aforesaid the Sella hereby We. to mums the defene thereof and to defend Ne more at the Seller owns expense, to pay any and all cots, charges, attorneys fees and other expanses, any and all judgments that my be incurred by aaMand ogoat the Processor or any of its a Nor offers, agrees or employees in such mist or other pracecdirap, and in case judgment or star lies be Placed upon co obtained against the property of the Purchaser, or sad pan. an or as a result of such its a other Pa.-&.,, the Sella will a awn cause Ne eeme to h dissolved end discharged by ®ving bond a &hawiu. The Sella and his contractors shall take all safety p omnons, Punish and instal all guards memory for the pormadon of accidents, amply with all laws and regulations with regard to safety including, but withot Hedonist, the Occupational Seery and Health Act of 1990 and all miss and regulations issued pusuant Never, Revised I IN