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HomeMy WebLinkAbout127039 R R BOWKER - PURCHASE ORDER - 5503569Date: 06/02/05 City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 5503569 uelivery uate: VoIUILrVa Buyer: CAREY, DAVID Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and al orrespondence. Note: Line Qty/Units Descripti n Extended Price 1 1 Lot 3,858.40 BIP w/ Re ews on the Web for use of Books -In -Print Online Database. Start Date: May 31, 2005 End Date: May 31, 2006 Per Invoice # 03000003, dated 4/26/05 Total $3,858.40 This order is rkaalid over $2000 unless signed by James B. O'Neill II, 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: 970-221.6775 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522-0580 ase Order T 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to. City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute 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 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon complainer of all applicable required inspection procedures. Freight Terry. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges fa packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure st sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory orpolitical subdivision where the work is perforned, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tons and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date a noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasa s including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemic, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the daze of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sellerwarrants thin all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defars or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tears of any applicable warranty provided by the Sella after the daze of acceptance of the goods famished hereunder (acceptance not to be unresosbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or se of goods by the Purchaser shall not constitute a waiver of any claim ands this warranty. Except as otherwise 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 guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears by written change order'. 5. CHANGES IN COMMERCIAL TERMS. The Purchsa may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. W. TITLE. The Sella warrants full, clear and unrestricted title to the Purchases for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon stria 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, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser 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, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize thin in actual economic practice, overcharges resulting from antitrust violations are in fact bomeby the Purchaser. Theretofore, for good cause and as consideration fer executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have m hereafter acquired under federal cr state antitrust laws fa such overcharges relating in the particular goods m services; purchased a acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase, directs the Sella to contact nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchaser may came the west to be performed by the mars[ expeditious mess available to it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contactors of any no from all liability and claim of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any war, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended we of the goods, is in such suit held to constitute infringement and the we of said equipment or part is enjoined, the Seller shall, a its own expense and a its option, either procure for the Purchaser the right to continue sing said equipment or parts, replace the same 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 for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchsa without liability. 16. GOVERNING LAW. The definitions of tears sod or the interpretation of the agreement and the rights of all parties 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 services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cme of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complae the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, orate and handle same at the site and become responsible therefm as though such materials and/or equipment were being famished by the Seller coda the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on m in connection with the work covered by this purchase order, an dlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit For accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature 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 Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser ray be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents m employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same a the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments thin may be incurred by or obtained against the Purchaser or arty of its or their officers, agents or employees in such suits or other proceedings, and in casejudgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the sans to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and instal all guards nmessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 11/9