HomeMy WebLinkAbout411954 PITMAN COMPANY - PURCHASE ORDER - 9957273Date: 12/7/2009
City of
FF6--rt Collins
Page Number: 1
Purchase Order Number: 9957273
Delivery Date: 12/7/2009 Buyer: HUME,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 1 LOT
2 Master File Cabinets
Quote #3474719-00
Total
City of Fort CoAinDirector of Purchasing and Risk Management
This order is n 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
6,003.95
$6,003.95
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt tiona state aunt local taxes. Our Exemption Number is
93-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000537 is registered with the Collector of
Internal Revenue. De-er. Culorado (Ref: Colorado Revised Smuucs 1975. Chapter 39-26, 1 14 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or Line to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of ,61ten
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on an'ival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the pail 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 "ferns. Shipments nest be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 80522, unless
otherwise specified on this order. If pelmission is given to prepay freight and charge separately, the oriental freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points ill various parts of the county, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipnlents:re
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessa y permits. certificates and licenses required by all applicable
Imes, regulations. ordinances and rules ofthe state, municipality, territory or political subdivision where the work is
perforated, m required by any other duly constituted public authority having jurisdiction over the work ol'vendor.
Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by then[ 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 met. bona tide and possess lull and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the icons 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 are objected t) and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to nnive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be e6'ected within the titre
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydebay, 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 dannages as a result of delays.tlue to
causes not reasonably foteseeable which are beyond its reasonable control and without its luult of negligence, such nets
Of God, acts of civil or military authorities, govetnntemal priorities. fires. strikes. flood, epidemics. wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within live (5) days of the tint,
when the Seller first received knowledge thereof. In the event of any such delay. the date of deliveryshall be extended
Tot the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm 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 natrC.
The Seller agrees to hold the purchaser harmless from any loss damage or expense Which the Purchaser may stiller or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults at within one ( I ) year or within such longer period of tint, as Oily be press ibed by
law m by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unrensonably delayed), resulting fi our imperfect or defective work done or
materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of:my
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 waranties 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 tents by written change outlet.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make anychanges to the tents, other than legal terns. including additions to or deletions finnnthe
quantities originally ordered in the specifications or drawings, by verbal of 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 at anytime by written change order, terminate this agreement as to any or all portions ofdae goods
then not shipped, subject to any equitable adjustment between the panics as to any work or nxnerials then in progress
provided that the Purchaser shall not be liable for any clains fill anticipated profits tin the uncompleted potion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment be nnade in Favor of the Scller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchnser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any clains for adjustment rust be asserted within thirty (30) days from the drug the change or termination is ordered
S. COMPLIANCE WITH LAW.
The Seller wan grits 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 ate subject. The Scller shall executC and deIi%Cr
such documents as may be required to effect ou 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 sutIen d 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 goveruntent contact" within the meaning of
Article XX V I I I ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Sect ion 15 of Article XX V I I I
are hereby incorporated into this [Agreement]. In such a case. if the [Contactor] or any other person who is n
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 m Section I7(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 Colorado or any of its political subdivisions, for three yeas.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any nmonies due or to become due hereunder without the
prior written consent ofthe other party.
Io. TITLE.
The Seller warrants fill, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fumished in
performance of this aereenacnt. lice and clear of any and all liens, restrictions, reservations, security interest
c•ncumbr;mces and clains of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tents 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 lilt goods hereunder or approval ofthe design. shall not release the Seller of any of the
warranties or obligations ofthis purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict pet mi nuance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received ou accepted. as to any prior or subsequent default hereunder, not shall any purported oral modification m
I escission of this purchase order by the Purchaser operate as a waiver of any ofthe teens hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Scller :and the Purchaser recognize that in actual economic pi -,let ice, overehtrges resulting fi 0111 antiu-ust violations at
in fact borne by the Purchascu. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all clains it may now have m hereafter acquired under federal or state
antitrust laws for such overcharges relating tothe paticuIit goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURC I-IAS FRS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to con ect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller and the Seller dlereaftei.inclicates its inability or unwillingness to comply, the Purchaser stay
cause the work to be performed by theGosi expeditious"means,ayailable INC and the SEllcr shall pay all costs
associated with such work. , `, '`. • _t .,
The Seller shall release the Purchaser and its contractors of any tier firma all liability and clains of nny nature resulting
front the performance of such work.
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
officers and employees ofsuch pony.
'I"he Seller's cnnnactual obligations. including warranty. shall not be deemed to Ile reduced, in any way. because such
work is performed m caused to be perforated by the PUI',ht6er.
14. PATENTS.
Whenever the Seller is required to use any design, device, material m process covered by letter, patent, trademark or
copyright. the• Scller shall indemnify and save hamlless the Purchaser from any and all clains for infiingement by reason
oft Ile use ofsuch patented design, device, material art process in connection with the contract, and shall indemnify the
Purchaser lot any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time
(luring the prosecution 01 after the completion ofthe work. III case said equipment, or any pan thercofor the intended
use of the goods, is in such suit held to constitute infiingennent anti the use of said equipment m pat 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-infi ineing equipment. or nhodify it so it becomes
non-infi ineing.
is. INSOLVENT'.
Illhe Scller shall become insolvent or bankrupt, make an assignment fir the benefit ofcreditors, appoint a receiver or
trustee lot* 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 m the interpretation ofthe agreement and the rights of all parties hereunder shall be
consulted under and governed by the laws of the State of Colorado. USA.
The lullowing Additional Conditions apply only in cases where the Seller is to perf'onn work hereunder. including the
services of Sellers Kepresentative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
'file Seller shall carp, on said work at Seller's own risk until the same is fully completed and accepted, and shall, incase
of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance,
ncomplete the work at Seller's own expense and to the satisfaction ofthe Putchaser. When materials and equipment arc
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 nmatetiabs annd/m equipment were being furnished bythe Seller
under the order.
IS. INSURANCE.
The Scller shell, at his own reponse, provide for the payment of'wotkers connpensation, including occupational disease
benefits_ to its employees ennploy,tl on or in connection with the work covered 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 tiny
comprehensive general liability including. bur not linhited to. contactual and automobile public liability insurance with
bodily injury and death limits of at least S300.000 for anyone person. S500,000 for anyone accident and property
damage limit per accident of S400.000. The Seller shall likewise require his contactors. if any, to provide for such
connpensation and insurance. 13efire 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 connpensation and insurance have
been provided. Such certificates shall specify the date when such connpensation 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.
Q. PROTECTION AGAINST ACCIDENTS AND DAMAGE'S.
'file Seller hereby assures the crnue responsibility and liability for any and all d:umnge, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order m in connection herewith. The Seller will indemnify and hold hairless the Purchaser and any or all of
the Purchaser:s 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 may be put or subject
by reason ofany act. action. neglect. omission or default on the part ofthe Seller, any ofhis contactors. m any ofthe
Sellers or contractors officers. agents or employees. In case anysuit or other proceedings shalf be brought against the
Purchaser. or its otlicers. agents or employees at any it on account or by reason of any act, action. neglect, omission
m default of the Seller of any of his contactors or aqy of its or their officers. ;agents or employees as aforesaid, the
SCll,lhereby ❑grew m a55unme 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 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
judgunent or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or ns a result
of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged bygiving txnnd
or otherwise. The 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