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HomeMy WebLinkAbout192400 LARIMER COUNTY ROAD AND BRIDGE DEPARTMENT - PURCHASE ORDER - 9953450Date: 6/9/2009 City of F„ort Collins Page Number: 1 Purchase Order Number: 9953450 Delivery Date: 6/10/2009 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 5,304.00 INV NO 2009-07 ROLLER RENTAL Total $5,304.00 O' City of Fort Cc)Winj Director of Purchasing and Risk Management City of Fort Collins This order is rfQlhalid over $5000 unless signed by James B. O'Neill II, CPPO 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: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes Our Exenipriou Ivunbet rs 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, C'haptcr 3o-26. 114 (a) Goods Rejected. GOODS REJECTED due to failureto 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 to 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 completion of all applicable required inspection procedures Freight Terms. 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 hill must accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expxa:ted 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 at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by then liv reason of an asserted or established violation ofany such laws, regulations. ordinances. rules and requirements. Authorization. All patties 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 terns and conditions annexed hereto or incorporated herein by reference Any additional or different terns and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmiediately if you cannot make complete shipment to arrne ON caul promised delivery date as noted. Time is of the essence. Delivery and perforniaice must be effected win hum the tone stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wnhout limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany dehry. die Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere :cod holding the Seller liable for damages. However, the Seller shall not be liable fix damages as a result of delays due 10 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, flood. epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be tit fix the purposes intended. and perfixned with the highest degree of care and competence in accordance with accepted standards for work of a simil:u nature. The Seller agrees to hold the purchaser hamtless fi om 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 na the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may Inc prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under 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 terms by written change order 5. CHANGES. IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written charge order [fatly such change affects the amount due or the time of fle formance hereunder, an equitable adjustmnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to env or all portions of the goads then 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 lie liable for any claims for anticipated protts un the uncompleted potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment Ix made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser orthe Seller ofany of their obligations as to any goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fiom the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fi•om all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 of Article XXVIII are hereby incorporated into this [Agreement], In such a case, if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colomdo or any of its political subdivisions, for three yeas. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. In TI'I'LL The Seller wan arts full, clear and unrestricted title to the Purchaser 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 NONWAIVFR Failure of the Purchaser to insist upon strict performance of the terms mid conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany 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. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser.'I heretofore. for good cause and ns consideration for executing this purchase order, the Seller herebv assigns to the Purchaser any mad all claims it may now have or hereafter acquired under federal or state antitrust haws fix 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 directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the host expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany 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, becausesuch work is performed or caused to be performed by the Purchaser. 14 PATENTS Whenever the Seller is required to use any design, device, material or process covered by letter. patent, trademark or copynglu. the Seller shall indemnity and save harmless the Purchaser front any and all claims for infiingement by reason Of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Ptuchaser lax any cost, expense or damage which it may be obliged to pay by reason of such infiingement at any tinie during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replacethe same with substantially equal but non -infringing equipment, or nodify it so l becomes nun -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 Purchaser without Iiabilily 16. GOVERNING LAW The definitions of [eons used or the interpretation of the agreement and the tights 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 Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others, 17 SELLERS RESPONSIBILITY The Seller shall cant' on said work at Seller's oven risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or 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 Purchaser. When materials and equipment are lu misled by others fix installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished bythe Seller under 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 or in connection with the work covered by this purchase order, and/or 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 insmance with bodily injury and death limits of at least S300,000 for any one person, $500.000 for any one accident and property damage limit per accident of $400.000, The Seller shall likewise require his contractors, if any, to provide for such compensaion and insurance. Bef ire any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates 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 iscompleted and accepted. lo. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany 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 Seller 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 expens s, whether director indirect, and whether to persons m� property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or defauh on the part of the Seller, any of his contractors, orany ofthe Sellers or contractors officers, agents or 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 ofany act, action, neglect, omission or defauh of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees mid other expenses. any and all judgments that may be incurred by or obtained against the Purchaser m any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said paties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Seller and his contractors shall take all safety precautions. firmish and install all guards necessary 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 mid regulations issued pursuant thereto. Revised 04/2009