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HomeMy WebLinkAbout166456 LARIMER COUNTY FACILITIES - PURCHASE ORDER - 9957359Date: 12/9/2009 City Of �®rt Collins Page Number: 1 Purchase Order Number: 9957359 Delivery Date: 12/9/2009 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 Work Done at Civic Ctr Park 50% payment to Lar Cty Fac Total cost of work done by Lar Cty Fac $12,433.00 Per Steve Balderson, City & Cty agreed to a 50% split for work done at Civic Center Park. 1) 31 Lamps Replaced @ $449.00 materials $684.00 labor (18 hrs/$38/prh) grand total for lamp replacement $1,133.00 2) Concrete repairs totalling $11,300 were performed to rectify a drainage issue that has been causing concrete to degrade faster than normal. Total City of Fort CqlfiinDirector of Purchasing and Risk Management This order is HqValid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com 6,216.00 $6,216.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the Cityof 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 Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-16. 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 ieplaecd except upon receipt of writer instructions f on) the City of Fen Collins. Inspection. GOODS are subject to the City of Fort Collins inspec Final Acceptance. Receipt ofthe merchandise, services or equipment in respouse to this order can result in authorized payment on the pan 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 Terns. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522. unless otherwise specified on this order. Ifpernussion is given m prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mutt factcrers have distributing points in various parts of the country. shipment is ejected from the newest distribution point to destination, and excess freight Will be deducted firm Invoice when shipments are made from greater distance. Permits. Seller shall procure it sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, nrmicipality, ten itory or political subdivision where the work is performed, of required by any other duly constituted public authority having Jurisdiction over the work of vendor. Seller further agrees to hold the City of Foil Collins harmless front and against all liability and loss incurred by them by reason of an asserted or established violation orally such Laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess lull and complete authority to bind said par ies. 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 ;lie objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment Ill ❑llive on your promised delivery date as noted. Time is of the essence. Delivery and perfnnnnce 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 ofpattial late deliveries, shall operate as i waiver ofthis provision. In the even of anydela y, 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 a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and Without its fardt of negligence, such aces of God, acts of civil or Military authorities, governmental priorities. fires. stt ikes. flood. epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within hive (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 ofthe delaa}•. 3. WARRANTY. The Seller wirlants that all goods, articles, materials and work coveted by this order Will conform With applicable drawings. specifications, samples and/or other descriptions given, will he fit tit the purposes intended and liertimned with the highest degree of care and competence in accordance with accepted standards hot work ofa similar nature. The Seller agrees to hold the purchaser harmless from any loss damage or expense which the Purchaser [Illy suffer or incur on account of the Sellers breach of warranty. The Seller shall I epl:ace, repair or make good. Without cost to the purchaser, any defects or faults arising within one ( 1) year or within such longer period of tine as may be prescribed by law, or by the terns of any applicable Warranty provided by the Seller after the date of acceptance of the goods Punished he, (acceptance not to be ,it, delayed). resulting fiout imperfect 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 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 titegmug' wars ntl.es 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 SHALT. APPLE'. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL PERMS. The Purchaser may make any changes to the terns, other than legal leans, including additions to or deletions fionn 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 perfornnce heretnder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser nlay at any tinge by written ch;unge order• terminate this agreement as to any or all portions ufihe goods then not shipped, subject to any equitable adjustment between the parries as to any Work or materials then in progress provided that the Purchaser shall not be liable for:ny claims for anticipated protts on the unco[Inpleted portion of -the goods and/or work, for incidental or consequential damages, and that no such adjustment benude in thvnr oflhe Scllcr with respect many 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 from the (late the chance 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 strict connphance with all applicable laws and regulations to which the goods :are subject. The Seller shall executeand deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to Ie incorporated in agreements of this character ore hereby incorporated herein by this reference_ -fhe Seller tierces to indemnity and hold the PnrChaSerhatnless lion all costs and damages sullered by the Purchaser as a result of the Sellers failure to comply with such haw. If and only to the extent this [Agreement) constitutes a "sole source goaenunent contract" within the nactuling Of' Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 LitfAricle XXVIII are hereby incorporated into this [Agreement]. In such a case. if the [Contatctt] 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 17Q) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold ally sole source goverunent con[tnet art public employment with the state of Colorado or ;Illy of its political subdivisions, tot three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or ally monies clue or to beconne due hereunder Without the prior written consent of the other party. The Seller onnonts full, cicar:md unrestricted tide to the Purchaser for all equipment, materials, and items famished in perliumance of this agreement. fiee and clear of any and all liens, restrictions, reservations, security interest cncumbrmces and claims of others. 1I. NONWAIVER. Failure of the Purchaser to insist upon strict pertiunnnce of the tents and conditions hereof, failure or delay to exercise ally rights or rcnedies provided herein or bylaw. failure to promptly notify the Seller in the event of a breach, the acceptance ol'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 i waiver of any right of the purchaser to insist upon strict lied onuance hereof or any of ils lights or remedies as to any such goods, regardless of When shipped, received or ncceptcd. as to any prior or subsequent default hereunder. not shall any purported oral modification m rescission of this purchase order by the Purchaser operate as a waiver of any of the teats hereof 12. ASSIGNMENT 01: ANTITRUST CLAIMS. Seller and the I'urchaser recognize that in actual economic practice, overcharges resulting tionn antitrust violations are in tact bxnne by the INrchaser.'fhetetoftne. for good cause and as consideration tiirexecuting this purchaseorder, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws tit such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant n this purchase order. 11. PURCHASERS PERFORXLUNCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to collect nonconforming of defective goods by a date to be agreed upon by the INrchaser and the Shcer, and le Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the Work n be perfnned 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 conuictors of any tier front all liability and claims ofany nature restdting lions the perliumanec ofsuch work. 'this release shall apply even in the event of tuult ofnegligence of the party released and shill extend to the directors, officers and employees ofsuch party. The Seller's cornracmal obligations, including warranty, shall not be deemed to be reduced, in anyway, because such Work is perlitntcd or caused to be performed by the Purchaser. 14. PATENT'S. Whenever the Seller is required u) use any design, device_ nnterial or process covered by letter• patent,tradennark or copyright, [he Seller shall indemnity and save harmless the Purchnser fi-ona any and all claims for infingement by reason ofthe use ofsuch patented elesign. device. nnterial or process in connection with the contnet and shall indemnify the Purchaser lit ally cost, expense or dunnage which it nnay beobliged to pay by retison of such inf-ingenaent at any time during the prosecut ion of aticr the completion of the work. In case said equipment, or any part thereofor the intended use of the goods. is in such suit held as constitute infringement and the use otsaid equipment or pan is enjoined, the Scllcr shall. at its awn expense and at its option, either procure tot the Purchaser the right to continue using said equipment or parts, replace the sarne With substantially equal but non-inti inging equipment, or modify it so it becomes nun -infringing. I s, INSOLVENCY. It the Seller strait Iec(n Ic insolvent ni bankrupt. make an;usign[Inent for the benefit of creditors. appoint a receiver' or trustee for ally of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. lo. GOVERNING LAW. the definitions of tents used 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. Tote following Additional Conditions apply only in cases Where the Seller is to j)erforrn work hereunder, including the ser•iees of Sellers Represcnlative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said Work at Seller's own risk until the sane is fully completed and accepted, and shall, in case of any accident, d"tuction or injury to the work and/or natt,nals befic• Seller's final completion and acceptance, nn)pletc the work at Seller's own expense and to the satisfhction of the Purchaser. When materials anti equipollent arc tullushed by others fit installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the sitc:ud Ieconac irsponsible theretir :is though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide lit the payment of workers compensation, including occupational disease benefits. to its employees crnployed on or in connection with the work covered by this purchase order, and/or to Elicit dependents in acconhnce with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive• general livability including, but not limited to, contractual and automobile public liability insurance Will) bodily injury and death limits of at least $300,000 for any one person. S500.000 fit any one accident and property damage limit per accident it$400 000. The Seller shall likewise require his contractors. if any, to provide fur such compensation ❑n I it's cc. Before :Illy of' tile Sellers or his convacturs employees shall do any Work upon the premises of others. the Seller shall tutrush 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 lie maintained until after the entire Work is completed and accepted. 10. 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 or property caused by rn resulting from) the execution of the woik provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any m':ll of the I'urchsrrs oifice•ns, agents and employees from and against any and all chinas. losses, damages, c11a Iges or expenses. whether direct of indirect• and whether to persons or propene to which the Purchaser play be put orsubject by mason of any act. ;¢tion, ncelect, omission of default on the pan of the Seller. any ofhis contractors, or anyofthe Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the I'urchascr, or its officers. agents or employees at any tinge on account or by reason of any act. action, neglect omission or loath of the Seller of any of his contactors or any of its or their otficers, 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 :ell costs. charges. attorneys ties and other expenses, any and all judgments that maybe incurred 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 put ies in or as a result ofsuch suits or of her proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The• Seller and his contractors shall take all safety precautions. famish and install all guards necessary fill 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. Rcvnscl 04/2001)