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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISC - PURCHASE ORDER - 9957364O Date: 12/9/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9957364 Delivery Date: 12/9/2009 Buyer: O'NEILL,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 LOT Fort Fund 2009 Contracts Total City of Fort CqfinDirector of Purchasing and Risk Management This order is alid 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 52,700.00 $52,700.00 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 City of Fort Collins is exempt front state and local taxes. Our Exemption Nun the, is 98-04501 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 39-20, 1 14 (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 Ieplaeed except upon receipt of hwritten instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services orequipment 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 Terns. Shipments must be F.O.B.• City of Foil Collins. 700 Wood tit.. Fort Collins. CO 80522_, unless otherwise specified on this order. Ifperntission is given to prepay fi eight and charge separately, the original ficieht bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manuEheturers have distributing points in various parts ofthe county, shipment is expected front the nearest distribution point to destination, and excess Geight will be deducted from Invoice when shipnhents:ue made front greater distance. Pennits. Seller shall procure at sellers sole cost all necessary permits, certificates :tad licenses required by all applicable laws. regulations, ordinances and rules ofthe 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 bythemby reason of in asserted m established violation of any such laws. regulations. ordinances. rules and requnentenis. Authorization. All parties to this contract agree that the representatives are, in fact. Ixra tide and possess lull and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ternis and conditions stated herein set forth and any supplementm y or additional terns and conditions annexed hereto or incmrpottited herein by referencc. Any additional or different terns and conditions proposed by seller are objected m and hereby ICjech•d. ? DELIVERY. PLEASE ADVISE PURCHASING AGENT innmediately it you cannot stake Complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pcdoona nce mast Ile effected within the times• stated on the purchase order and the documents attached hereto. No acts of the I'mrchasers including, without limitation, acceptance ofpartial late deliveries, shall operate ma waiver of this prveision. In the event ofany delay. 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 liter 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. tires, strikes, hood. epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coveted by this order will confirm with applicable drawings. specifications, samples and/or other descriptions given, will be lit fo'the purposes intended, and pert need with the highest degree of cue and competence in accordance with accepted standards fill work ofa similar nature. The Seller agrees to hold the purchaser harmless front any loss. damage or expense whidt the Purchaser maysufTer or incur on account ofthe Sellers breach of wan'anty. The Seller shall replace, repair or stake good. without cost to the purchaser, any defects or faults at within one (0 year or within such longer period ol'tithe as stay lx prescribed by law or by the terns of any applicable warranty provided by the Scller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fionh impel fect or defective murk done or materials furnished by the Seller. Acceptance or use of goods by the I'urchaset shall not constitute n waiver of any claim under this wa tanty. Except is otherwise provided in this purchase order. the Sellers liability hereundet shill extend to all damages proximately caused by the breach ofany of the forgoing waranties or guarantees. but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANT)' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may nhake any changes to the terms. other than legal terns, including additions to or deletions fionrthe quantities originally ordered in the specifications or drawings, by verbal or written change order. If Mot/ such chaulgc affects the amount due or the tittle of performance hereunder. an equitable adjustment shall hemade, 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to anyor all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties is to any work or nwterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unconhpleted portion o(0hc goods and/or work. for incidental or consequential damages. and that no such ❑djustnenl be node in tavor of the Scller with respect to any goods which are the Sellers standard stock. No such ternin:rion shall rliel'C the PtlrChaSel' or the Seller ofany of their obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or icrrnination is ordered. 8. 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 are subject. The Seller shall execute anddeliver such documents as may be required to effect or evidence compliance. All laws and reguations 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. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXV I11 ofthe Colorado Constitution ("Article XXVIII")- then the provisions ol'Section 15 ofArticle XXVIII are hereby incorporated into this [Agreement]. In such a case, if the tC'ontnct l J or any other person who is a "contact holder" :is defined in Section 2(4.5) ofArticle XXVIII intentionally violates Section 15 in Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold ;my sole source government coat'uct. or public employment with the state of Colorado or any of its political subdivisions, tot three years. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to hCCO111C clue hereunder hrithout the prior written consent ofthe other party. 10. TITLE. The Seller warrants tull• clear and unrestricted title to the Purchaser fn all equipment, materials. and items furnished in perfimnaace of this ❑ucement, lice and clear of any and all liens, resoictions, reservations, security interest encunhbrances and claims of others. 1 I. 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 ofa breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfonance hereof or any of its rights or remedies as to any such goods• regardless of when shipped, rccei%cd or accepted, as to any prior or subsequent default hereunder, not shall any purposed oral ntoditication or rescission of -this purchase order by the Purchaser operate as a waiver ofany otthe terns hereof. 12. ASSIGNMENT OF AN'r[TRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front antitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assiens to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws ill Such overcharges relating tit the particular goods or services purchased or acquired by the Purchaser pursuant io this purchase order. 13. VU RCHAS ERS PER FOR NIANCG 01' SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconfivning or defective goods by a date to be agreed upon by the Purchaser and the Seller. :urd the Seller thereafter indicates its inability or unwillingness fo comply. the Ptu'chaser ncry cnusc the work m be pedotined 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 net front all liability and clains ofany nature resulting front the pertirnhance of such work. 'I his release shall apply even in the even of fault of negligence ofthe party released and shall extend tothe directors, officers and employees of such puny. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is perfoi reed tr caused to be pertonned by the Purchaser. 14. PATIi N I:S. WIcn—I the Seller is required to use a fly design, device, nhaterial or process covered by letter, patent, tidemark or copyright• the Seller shall indenail'y and save harmless Elie Purchaser fi onh any and all claims for infiingentem by lemon ofilie use ofsuch patented design. device, material or process in connection with the contract. and shall indemnify the Purchaser lit any cost, expense or damage which it shay be obliged to pary 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 use of the goods. is in such suit held to constitute infiingement and the use of said equipment or part is enjoined, the Seller shall. at its own expense and at its option, either procure for the Ptuchaser the right to continue using said equipment or pars, replace the scone with substantially equal but non-infi'inging equipment, or modify ii soil becomes Illnl-infiinglllg. 15. INSOLVENCY. If the• Seller shall become insolvent or bankrupt, make an assignment for the benefit ofcreditors, appoint a receiveror trustee lot any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. IG. GOVERNING LAW. The definitions of teens used or the interpretation ofthe agreement and thc'rights of all parties hereunder shall be CtnSln'nCd under and governed by the laws ofthe State of Colorado, USA. The tollowine Additional Conditions apply only in cases where the Seller is to pet fnrn work hereunder, including file services of Sellers Represemative(s). on the premises of others. 17. SELLERS RESPONSI MUTY 'file Scllcr shall canyon said work at Seller's own risk until the same is filly completed and accepted. and shall, incase of any accicicnt. destruction or injury to the work indlor ncuerials before Seller's final completion and acceptance, onglete the work at Seller's own expense and to the satisF.rction ofthc Purchaser. When materials and equipment ite furnished by others for 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 Scller under the order_ 18. INSURANCE. 'I'hc Scllcr shall,at his own c<pense, provide fo-the poynhent of workers compensation, including occupational disease benefits, to its employees employed oat or in connection with the work cowered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also early comprehensive general liability including. but not limited to. contractual and automobile public liability in-r—ewith bodily injury and death limits ofat least $300.000 for any one person. $500.000 for any one accident and property damage limit per accident of.$400.000. ']'Ile Seller shall likewise require his contractors• if any. to provide fill' 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 finish 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 CCIlificnlCS 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. 11). PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or properly caused by or resulting front the execution ofthe work provided fat' in Ihis purchase order of in connection herewith. The Seller will indemnify and hold harniless the Purchaser and anyor all of - tile Purchasers officers, agents and employees from and against any and all clains, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser miry be put or subject by reason of any act. action, neglect,omission or default on the part of the Seller, any ofhis contractors, oranyofthe Sellers or contmoo s officers, agents or employees. In case anysuit or other proceedings shall be brought against the Purchaser, or its officers, agents in employees at any time on account or by reason ofany act, action, neglect, omission or default of the, Seller ofany of his contractors or any of its or their officers, agents in 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 cosm charges, attorneys Iccs and other expenses, any and all judgments that may be incurred by or obtained against the I'urchaSer or any of 11S or their officers, agents or employees in such suits or other proceedings, and in case judgnhcul or other lien be placed upon or obtained against the property of the Purchaser, or said patties in oral a result ofsuch suits or other proceedings, file Seller will it once cause the sanhe to be dissolved mid;discharged bygiving bond or otherwise, I he Seller and his contractors shall take all safety prenun ions. lionish and install all guards necessay fir the prevention of accidents, comply with all laws and regulations with regard to safety including, but without liniantinn. the Occupational Safely anal Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/2001)