HomeMy WebLinkAbout128206 PLAYPOWER LT FARMINGTON INC - PURCHASE ORDER - 9957629Date: 12/24/2009
City of
Fort Collins
Page Number: 1
Purchase Order Number: 9957629
Delivery Date: 12/24/2009 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 29,436.00
Install playstructure
City Park WO# P09-22
Total $29,436.00
Invoice Address:
City of Fort CoWiny Director of Purchasing and Risk Management City of Fort Collins
This order is alid over $5000 unless signed by James B. O'Neill ll, 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 Exemption Number is
98-04502. Federal Excise 'fax 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 alival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the pan ofthe City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of For Collins, 700 Wood St., Foil Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay, fieight and charge separately, the original fieight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pars ofthe country, shipment is expected
from the nearest distribution point to destination, and excess fieight will be deducted from Invoice when shipments arc
made fi out greater distance.
Permits. Seller shall procure at sellers sole cost all necessat}' permits, certificates and licenses required byall applicable
Imes, regulations, ordinances and rules ofthe state, mtaicipality, teritory 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 fionn and against all liability and loss incured 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 terns and conditions annexed hereto or incorporated herein by reference.
Any additional or different temps 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 as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpntial late deliveries, shall operate as a waiver of this provision. In the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable for damages. However, the Seller shall not be liable for damages as it result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil or military authorities, govemnental priorities, fires, stt ikes. food, 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 ofdelivery 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 m der 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 Seller agrees to hold the purchaser harmless fi oat any loss, dannage on expense which the Purchaser nay suffer m'
incur on account ofthe Sellers breach of wan anty. The Seller shall replace, repair m make good, without cost to the
Put chaser, any defects or faults at within one (1) year m within such longer period of tine as nnay be prescribed by
law or by the terns of any applicable warranty provided by the Seller afier the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting front innperfeet or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this waranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any ofthe 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 terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes to the terns, other than legal terns. including additions to or deletions from the
quantities originally ordered in the specifications or drawings, by verbal or written change order. I f any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe gook
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 be liable for any claims for anticipated profits on the uncompleted portion of rile
goods and/or work, for incidental or consequential damages, and that no such adjustment be nnade in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute mid 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. 'file Seller agrees to
indennnify 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.
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 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" asdefined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 art Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, m
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
in written consent of the other party.
10. TITLE.
The Seller warrants full, deal and unrestricted title to the Purchaser for all equipment, nn;aerials, and itenss fumishedin
performance of this agreement, fee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
I L NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terns and 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 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 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, not shall any purported or 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 fi-om antitrust violations are
in fact bonze by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods m 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
PLUCIMSeland the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the most 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 of any tier from all liability and claims of any nature resulting
fiom the performance of such work.
This release shall apply even in the evert of fault of negligence ofthe party released and shall extend to the directors,
officers and employees of such pity.
The Seller's contractual obligations, including warranty, shall rat be deemed to be reduced, in any way, because such
work is perforated m caused to be performed by the Purchaser.
14. PATENTS.
R9nenever the Seller is required to use :try design, device, material m process covered by letter, patent, trademark or
copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infiingennent by reason
ofthe use of such patented design, device, material or process in connection with the contract, and shall indenuify the
Purchaser f mr any cost, expense or damage which it may be obliged to pay by reason of such infi ingement at anytime
during the prosecution or after the completion ofthe work. In case said equipment, or any put thereafor the intended
use ofthe goods, is in such suit held to constitute infiingement and the use of said equipment or pall 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 pans, replace the same with substantially equal but non-infiinging equipment, or modify it so it becomes
non-infi inging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit ofereditors, appoint a receiver or
trustee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe 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 carryon said work at Seller's own risk until the same is filly 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,
ornplete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and becmne responsible therefor as though such materials and/or equipment were being furnished by the Seller
under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payanent 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 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 per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any ofthe 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 is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons m property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indenuify 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 m property to which the Purchaser nay be put or subject
by reason of any act, action, neglect, omission or default on the pan ofthe Sella, any ofhis contractors, or anyofthe
Sellers or coluracmrs officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents or enmployees at any time on account or by reason of any act, action, neglect, omission
or default ofthe 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 and other expenses, any and alljudgnnents that nay be incured by or obtained against
the Purchaser or 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 parties in or asa result
of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged bygiving bond
or otherwise. ']'be Seller and his contractors shall take all safety precautions, furnish 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 and regulations issued pursuant thereto.
Revised 04/2009