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HomeMy WebLinkAbout129488 SUN LIFE OF CANADA - PURCHASE ORDER - 3300006Date: 11/20/03 City of Fort Collins Page Number: 1 City of Fort Collins Delivery Date: 12/31/03 Buyer: urchase Order number must appear on invoices, packing lists, labels, bills of 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 SE IC Purchase Order Number: 3300006 Line Qty/Units De-Aription Extended Price 2 1 LOT 22,000.00 TO PO# 3300006 Per Req# 17995 for additional 2003 expenses. Total This order is rlQlhalid 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: 970-221-6775 Fax: 970.221-6707 Email: info@ci.fortcollins.co.us $22,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Invoice Address. To=a= prompt Payment mall invoices in duplicate to. City of Pest Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statue the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000589 is registered with the Collector of Internal Revenue, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chanta 39-26, 114 (a). Cmods Rejected. GOODS REIECCED due to failure to at specifieatiom, either when shipped or due to detects of damage in transit, may he resumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Port Collins. Inspection. GOODS are subject to the City of Fort Collins inspection m arrival. Final Acceptance. Receipt ofthe merchandise, services mcquipmmt in response 0 this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood thin FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments most be F.O.B., City of Fort Collins, ]oo Wood Sr, Fort Collins, CO 80522, unless otherwise specified on dais order. If pamissim is givento prepay freight and charge separately, the ongmal freight bill must summary invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have diatributing points in various pans of the country, shipment is expected from the nearest distribution polar to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Sella shall pra a at sellers sole coat all necessary permits, certificates and licenses required by all applicable laws, regulations, odinances and cols of the state, municipality, memory or political subdivision where the work is perforator, or required by my other duly committed public authority havin ijurisdiction over the work of vandor. Sella former agrees to hold the City of Fort Collins heatless from and almost all liability and Ives incurred by diem by reason often asserted a established violation of my such laws, regulations, ordinances, rules and requirement;. Authorization. All parties to this contract agree that the reprwmmoves we, in fact, bona fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and my supplanenmry or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by sell, are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you tannic male complete shipment to arrive on your promised delivery dale we noted Time is ofthe esemce. Delivery and performance most be affected within the time stated on fie purchase order and the dominate attached hereto. No acts of the Purchasers including, without limitation, aaeptmce ofpmord lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pummarr shall have, in addition 0 other legal and equitable remedies, are option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall net be liable for damages m a result of delays due to causes non reasonably foreseeable which are beyond its reasonable control and without its fault of negligmee, such ants of God, aces of civil or military authorities, govemmmml priorities, fires, strikes, flood, epidemics, wars or near provided that rota of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof, In the event of my such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wanmar thin all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples coda offer descriptions given, will he fit for the purposes intended, and performed with the highest degree of ems and competence in accordance with accepted snndards for work of a similar nature. The Seller agree to held the purchaser harness from any lass, damage or expense which the Purchaser may suffer a incur on accomt of the Sellers breach of warmty. The Sella shall replace, =pair or make good, without cost to die purchaser, my defects or faults arising within one (1) year m within such longer period of time as may be prescribed by law or by the tents of any applicable wmmty provided by the Sella after the daze of mcepmnce of the goods furnished hereunder (acceptance net to be un=asonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. Acceptance or use of goads by the Purchase shall not common, a waives of ray claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunda shall extend to all damages proximately caused by die breach of my of the foregoing warranties or guarantees, but such liability than in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make my charges to the temp, other des I'm teen, including additions to a deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change eider. If my such change afters the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may a my time by written change order, terminate this agreement as to my or all portions of the goads then no shipped, subjea to my equitable weguamsnt between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for mricipaed Imofia nut the unwor,hued Portion of the goods and/or work, for incidental o mmequmtial damages, and thin no such adjusm ant be made in favarof the gala with resprct in my goods which are the Sellersstandard stock. No such termination shall relieve the Purchases or the Seller of any of their obligation as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mart In asserted within thirty (30) days firm the date the change or to mimtim is ordered. 8_ COMPLIANCE WITH LAW. The Seller warranar that al good sold h.clor shall have born produced, sold, delivered and furnished in mitt compliance with all applicable laws and regulations to which be goods as subject The Seller shall execute and deliver such document as may be natural m elbow a evidence compliance. All laws and regulations required to ex, incorporated in summer" of this charmer are hereby inoo,orned herein by this reference. The Sellerogres to indemnify and hold she Purchaser hornless from ai costs and damages suffered by the Purchaser m a result of the Sellers falure in comply with such law. 9. ASSIGNMENT. Neither patty shall assign, o-ansfes, or compy this ads, a my monies due m to become due hereunder without the prier written consent of the other petty. 10. TITLE. The Sella wammb full, clear and unrestricted title to the Purchaser fa all equipment, araWials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sawity interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchases to insist upon sofa pafmmance of the remark and conditions hwmf, failure or delay in exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a hreuch, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not m deemed a waiver of my right of the purchaser to insist upon strict Performance homed or my of its sighs or remedies as to any such goods, regardlwa of when shipped, received or accepted, as to any prim' or subsequent default hereunder, nor shall my purported anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations in fact borne by the Purchaser. Theraofare, f good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state mtmart laws far such overcharges relating to the particular goods or mn4cm purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nmcwmmndng to defective goods by a date in be, agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall prey all cents associated with such work. The Seller shall release the Purchase and its contractors of my tier from all liability and claims of my nature insulting from the performance of such work. This release shall apply even in the event of felt ofmalligmce of the party released and shall extend to the directors, officen and employees of such party. The Seller's emtmchua obligations, including warranty, shall net be deemed to be reduced, in my way, become such wok is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Sella is requited to ate my design, device, material or prows covered by later, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement by remon of the use of such patented design, device, material or proves, in coronation with the commit, and shall indemnify the Purchases fen my wont expense or damage which it may be obliged to pay by reason of such infringement in my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof cr the intended use of the goods, is in such suit held to constitute infringernew and the use of said equipment or pan is enjoined the Seller shall. at its own expense and in its option, either procure far the Purchases the right to continue using said equipment or parts, replace die Were with substantially equal but non -infringing equipment or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment fen the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tones used or the interpretation of the agreement and the rights of all parties haeunda shall be constmed uacia and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Repreammtiveho, on the promises of othen- 1y. SELLERS RESPONSIBILITY. The Sella shall many, on said wok at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident destramon or injury to the work ranker materials before Seller's final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of die Purchaser. When materiels and equipment we furnished by others for installinim or erection by the Sella, the Sella shall receive, unload, nee and handle same at the site and become responsible therefor m though such materials md/or equipment were being famished by the Seiler under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational diseme benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their dependents in nominates with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but rim limited to, contractual and automobile public liability insurance with bodily injury and death limits of a least $3001" for my me person, $500,000 for any me aaidea, and property damage limit per accident of $400,000. The Sella shall likewise require his conrcmtors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do in, work upon the prenues of others, the Sella shall famish the Purchases with a certificate that such composenim and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the daze when such compesation and insurance expires. 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 Sella hereby assumes the entire responsibility and liability for my and all damage, lose or injury of my kind r namre whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Prochaska and my or all of the Purchasers officer, agents and eeployme from and egairst my and all clams, loses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of my cm, action, neglect omission or default an the pan of the Sella, my of his contracture, or my of the Sellers or momenta officers, agents or employees. In rase my suit m other proceedings shall be brought against the Purchaser, or its office, agate or employees at my time on account or by reason of my ant action, neglat omission on, default of the Seller of my of his contractors or my of its or their office, agents or employees as aforesaid the Seller hereby agrees to assume the dfene thereof and to defend the sane a the Sellers own expense, to pay my and all cons, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against die Purchaser or any of its or their officers, seen , or employees in such suits or other proceedings, and in case judgment or other lion be placed upon a obtained against the property, of the Purchaser, or said panics in a as a moult of such suits or other proceedings, the Seller will at once cause the want to be dissolved and discharged by giving bond o otherwise. The Seller and his contractors shall coke all safety prematurity, famish and install all goads necessary fa die prevention of accidents, comply with all laws and regulatims with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all rules and regulation issued pursuant therein. Revised 1119