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HomeMy WebLinkAbout193076 RISK REMOVAL - PURCHASE ORDER - 3307235A0101-kh", raml City of Fort Collins Page Number: 1 City of Fort Collins Date: 11/20/03 Purchase Order Number: 3307235 Delivery Date: 11/20/03 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT CLEAN, DISINFECT, AND ENCAPSULATE ROOFTOP AREA THAT WILL BE ENCLOSED FOR AN HVAC RETURN AIR PLENUM IN CONJ LINCOLN CENTER. PER PROPOSAL FROM RICHARD HUNT DATED 11/14/03. Total any of Fort C4rinj Director of Purchasing and Risk Management This order is rilcilhalid 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 2,485.00 $2,485.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pu 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to, City of Fort Calling Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from state and 10=1 taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000S87 is registered with the Collector of lntang Revenue, Denver, Colorado (Ref Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Gads Related. GOODS REJECTED due to failure to=a stratifications, either when shipped or due to defam of damage in trarsi, may be resumed to you far credit and x nor to be replaced except upon receipt of written instructions from thc City of For Collins. Inspection. GOODS are subject to the City of Fort Collins iwpection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authonmd payment on the pan of the City of Port Collins. However, it is to be understood that FINAL ACCEPTANCE is dep=dent upon completion of sit applicable required inspection procedures. Freight Taturs. Shipments mast be F.O.B., City of Fen Collins, 700 Wood Se, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpamision is given to prepay freight and charge sepwately, the anginal freight bill must aecompary invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing pains in various parts of the country, shipment is expected from the neatxn distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles ofle stale, municipality, tarimry or political subdivision where the work is pafomrd or required by any other duly monitored public authority having jurisdiction over the work of vendor. Sella further agrees to bold the City of Fort Collins harmless from and against all liability and 1. incurred by than by reasonan of an ssed a established violation of any such laws, regulations, ordinances, roles and requirements. Authorization, All parties to this contract agree that the reprea=tatives we, in fuel, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teems and conditions stated herein sex flub and any supplementary or additional lams and conditions annexed Interco or incorporated herein by reference. Any additional or different terns and conditions Proposed by seller are objected to and hereby rejected. 2. DELVIERY. 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 sped on the purchase order and the documents attached hereto. No ens of the Purchasers including, without limitation, acceptarlee of psnial late deliveria, shall operate as a waives of this provision In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of planing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages re a result of delays due to causes nor mawnably foresemble which ere beyond its roasonable control and without its fault of negligence, such ens of God, now of civil or military authorities, governmental priorities, fires, strikes, Flood, ryidemia, wens or nuts provided that notice of the conditions again, such delay is given to the Purchwor within five (5) days of the time wM1=the Sella fast received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time worst 1, last by ration of the delay. 3. WARRANTY. The Sella warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the pump eov intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agree to hold the purchaa harmles from any Ices, damage or expense which the Purchaser may suffor or mour on account of the Sella branch of warranty. The Sella "I replace, repair a make goad wihow 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 term of any applicable warranty provided by the Sella after the date of acceptance of the goods furnished hassinda (azcep once non to be greazmnbly delayed), resulting from imperfect or defective work done in materials famished by the Sella Acceptance or use of goods by the Puchaser shall not constitute a waiver of my claim under this warranty. Except as othmvin provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing warranties or guarantee, but such liability shall in no even include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4 CHANGES IN LEGAL TERMS. The Parclmeger may make changes to legal terms by written change order'. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the tang, other than legal tams, including additions to a deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such charge affects the amount due or the time ofperformeace hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchant may at any thereby swift= change ode, terminate this agreement or many or all portions of the goods then era shipped subject m my equitable asgusn en between the pinnies m to any work a materima in. in progress provided that the Purchase shall not be lights for any claims for anticipated profits m the uncompleted Portion of the goods and/or work, f incidental or cowequmtiul damages, and that no such adjustment be made in favor of the Seller with respect many goods which we the Sellers standard stock. No such temtinatonshall relieve the Purchaser or the Sella of any of Heir obligations as m any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assatd within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced sold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods are subject . The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreemens of this chmamer are hereby fi coryoratow herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all cant and damages suffered by the Purchaser as it result of the Seller failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, a any monies due or to become due hereunder without the prior warten consent of the oda party. 10 TITLE. The Sella wanes full, clear and un estricted title to the Purchaser for all equipment, rnatmms, and items fwnished in performance of this agreement, five and clew of any and all liens, rauiclioas, reservations, security interest encumbrances and claims of where. 11. NONWAIVER. Failure of the Purchaser to insist upon said 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 Sella in the event of a breach, die acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchwe order and shall not be clamed a waiver of any right of the par chaser 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, a to any prior in subsequent default hereunder, nor shall any Implied oral modification or rescission of this purchase order by the Purchase operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ecmomic possum, overcharges resulting from antimat violations ere in fact borne by the Pathan. Theretofore, for good cause and as considering. for execufiong this purchase oma, the Sella hereby insight to the Purchaser any and all claims it may now have or has after acquired under fading or note 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 diracs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfemed by the must expeditious means available to it, and the Sella shall pay all cons assocu red with such work. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any nature resulting from the performance of such work. This release shell apply even in the event of fault of negligence of the party relessed and shall extend to the diratos, officers and employees of such party. The Sellers contractual obligations, including warranty, shall nor be droned to he reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is terminal to use any design, device, material or process covered by letter, paten, trademark or copyright, the Sella shall indemnify and save harmless the Purchase from any and all claims fa inMngemrnn by reason of the use of such patemed deign, devices material or process in connection with the connect, and shell indemnify the Purchaser for :my cast, expense or damage which it may be obliged to pay by reason of such infringement in any time during the prosecution or after the completion of the work. In case said equipmat, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and she use of said equipment or pan is=joined, the Sella shall, a its ohm expense and in its option, either p arms, fa the Purchase - the right to continue using said equipment or pars, replace the same with substantially equal but nowinftlnging equipment, or modify it so it becomes non -infringing. 15.INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of orcibuss, appoint a receiver or trustee for any ofthe Seller property or business, this orda may forthwith be canceled by the Purchase without liability. 16_ GOVERNING LAW. The definitions of term used or the interpretation of the agreement and the rights of all partiew hereunder shall be construed under 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 s.ica of Sol. Reprnsemative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk until the some is fully completed and accepted, and shall, in case of any accident, destruction a injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase. When materials and equipment arc furnished by others for installation or erection by the Sella, the Sella shall receive, unload, nee and handle same at the site and become impassible therefor as though such materials andor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compenaation, including occupational disease benefits, to its employees employed a a in contraction with the work covered by this purchase order, anther in their dependents in accordance with the laws of the state in which the work is to be time, The Sella shall Who tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insumurre with bodily injury and death Fo ire of as least $300,000 for my one person, S500,000 t any erne accident and property damage limit For accident of $400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his continuo employees shall do any work upon the premises of others, the Sella shall famish the Purchase with a certificate that such compesmion and insurance have been provided. Such certificates shall specify the date when such arnmeamion and insurance have been provided. Such certificates shall specify the dare what such compensation and insunce expire. The Seller 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 assumes the entire responsibility and liability for my and all damage, loss or injury of any kind r ramrc whatsoever to persons or property caused by or resulting from the execution ofthe work Provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchases officers, agents and employees from and aRwat any and all claims, lose, damages, charge or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be Put or subject by reason of any an,, action, neglect, omission or default m the part of the Seller, any of his contmaon, or any of the Sellers or conruuts offmcas, agents or employees. In ease any suit or other proceedings shall be brought against the Purchases or its officers, allows or employees at any time we account or by reason of any act, antim, neglea wassim or default of the Sella of my of his contractors or any of its or their offices, agent in employees as aforesaid, the Sella hereby agrees m assume the deface thereof and to defend the same at the Sellers own expense, to pay any and all own, charges, accmeys fees and other expenses, any and all judgmens that may be incurred by or obmNad against the Purchaser or any of is a their officers, agree or employees in such suits a oNa proceedings, and in care judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of soon suits in other proceedings, the Sella will at once cause the same to be famdissolved add stall atged by giving bond or ohmvue. The Sella add his con ply withal] shall tape col safety praanti with regard and install all goads necessary for the prcvrntion of accident, comply Health all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act o(19]0 and all rules and regulations issued pursuant thereto. Revised 11/9