Loading...
HomeMy WebLinkAbout446354 PINNACLE CONSULTING GROUP INC - PURCHASE ORDER - 9105642PO I City of PURCHASE ORDER 9105642r Page 1 of 2 Fort Colli n�` s This number must appear �vy� on all invoices, packing / � �slips and labels. Date: 10/26/2010 Vendor: 446354 Ship To: CITY MANAGER PINNACLE CONSULTING GROUP INC CITY OF FORT COLLINS 511 GRANITE ST SUITE C 300 LAPORTE AVE LOVELAND Colorado 80538 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 10/26/2010 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Railroad Scope of Services 1 LOT LS 5,000.00 per the attached scope 9m---Q 2. Oi'W-sk ZF- City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total $5,000.00 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 White. the City of Fort,Collins`is exempt from state end localtenes Our Exemption Number -is 98-04502 Federal Excise Tax;ExemptionrCertifrcate olrRegistry 84-6000587 is registered with the Collector of Internal Revenue'' Denver, COGide (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 eredrf 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:sepmately, the original: freight bill must accompany invoice' .Addmonalctiargesfor packingadillootbeaccepted�'`'. ?' . Shipment Distance. Where menufacturersiheve distributing points in'vanous'parts of the country, shipment is expected from the nearest distribution point to destination; and excess;f eight willibe deducted from Invoice when shipments are made from greater distance. _ - - Permits. Seller shall procure'et sellers sole cost all necessary permits, certificates and 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 by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Page 2 of 2 I : NONWAIVER" Failure of the Purchaser to insist upon strict Performance of ihe'tetms and'condihons hereof, failure or delay to exercise any rights or remedies provided hercia;or. by law,iftilure to promptly notify; the Scllcrin'ttie;event of a breach, the acceptance of or Payment for goods` hereunder` or,epproval ofthe design,. shall not release the Seller of any of the warranties or obligations of this purchase ordcratil shall not be deemed a waiver of any, right of the purchaser to insist upon strict performance hereof or.any of its fights or remedies as to any such goods, regardless Of when shipped, received or accepted, as to any prior or subsequent defaulthereuhdcr;;norshall'any puryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual, economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good'causeand'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 or services purchased or acquired by the Purchaser pursuant to this purchase order. ; 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS if the Purchaser directs the S, eller to cmreet nonconformmgiir�defectrve'goodsbya date to be agreed upon by the Purchaser and the Seller, and the Seller tbermi dtecmdieates its inability,or unwillingness to comply, the Purchaser may cause the work to be performed by thr,mo'st expeditious .means evaileble-to it, and the Seller shall pay all costs associated with such work. °„ a The Seller shall release the Purchaser and its ccfaajctor i?6f any her from'ell.liability and claims of any 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. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Sellees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. - --- - - - •.. _ .. suchwmk'is perfornted orcaus'eAfBbe perforred by the Pumheser LIMITATION;OF TERMS. This PurchasciOrderiexpressly limits acceptance to the.terms and conditions stated 'herein'set farthiand any supplementary or additionaNcrmsand conditions annexed hereto or incorporated herein by, 14.:PATENTS.. reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. Whenever the Seller is required Io use any design, device, material or 1. process covered by letter patent, trademark 2. DELIVERY. or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract and a PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the, Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofs`veh-" promised delivery:date as.noted.,Time is ofthe essence.. Delivery. and performancemust be effeeted.within.the time.. infringementat any,.time during theprosecutiomorafter the complefion;ofthe work,docasrsaid equipment Or stated:on the purchase order and the documents attached hereto No acts of the Purchasers nccloding, without any part thereof or the intended use of the.goeds, is in such suit held to constitute infringement and the use of limitation ecceplance of partial late deliveHes; shell operate as a waiver of this provision In the eyent,of any delay, said equipment or part is enjoined; .the Selld shall;'arIts own expense and at its option, either procure fdr the .the Pmibiicilihall harve; in addition to otherligal and equitable remcdics,.the option ofila'dQ11iiiorderelsewhere. Purchaser..the:right .to.copHnuevsing said.equipmcnt.or;:parts;replace.the•same-with•substantiallyeque46m and holding the Seller liable for damages .However, the Seller shall not_ liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing. due ti;causes nofreasonably famsceable wliicker'e';beyond its reasonable control and without ii,'fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or I5. INSOLVENCY. riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe If the Seller shall become insolvent or bankrupt, make an assignment.f a the benefit of creditors, appoint_a time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or trustee for any of -the Sellers property or business, thtsoider'may fdrthwith'b`e canceled by the extended for the period equal to the tune actually lost bymason ofthe delay. Purchaser without liability. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conforrn 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 from 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 to the purchaser,.any defectsorfaults arising within one (1) year orwithin such,longerperiod of time as maybe prescribed by law or by the terns of any applicable warranty pmvided'-by theSellef.hfc, tha'diiid 6f acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed) resulting:fromumperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by.the'Purchascr shall'not constitute a waiver of any claim under this warisnty. Exceptas otherwise provided in this purchase ordef hite,Selltirs liability'hereunder shallextend 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, 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of allpaities 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`is4o.'peiform work hereunder, including the services .of Sellers Representative(s), on the promises anthers. 17'SELLERS.RESPONSIBILITY,:,,;r„ *P),.... The Seller shal(carry,on said work'at Seller'sown nsk.untilthe same is fully,eompleted;andeceepted, and shall, m case of any accident deshvchon-or m3ury to the work and/or materials before'Seller s final completion and eccepta'ace complete the work et Seller's own expense end,tothe satrsfaij"lion of the:$urchaser. When materials and-equipmen{ere form- .'it by others for installation or erection by the Seller,'ttie:Sclicr ahallreceive, unload, store end handle same at the site end. become responsible therefm as though such materials and/or equipment were being f mashed by the Seller under the ordesi; �i•; :;/ 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. The Purchaser may make changes to legal terms by written change order. The Seller shall, at his own expense, provide for the payment of workers including 5. CHANGES IN COMMERCIAL TERMS. compensation, occupational disease be refits, jr, its employees employed ower in connection with the work covered by this purchase order, and/or to their dependents in The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the.quantifies,originally.ordered accordance with the laws of the state in which the work is to be done. The Seller shall also carry eomprehensive,generol liability including, but not limited to, contractual in the, specifications,or drawings,.by-verbal.or_wrinen,change.order,.If any, such change affects the amount due or the time ofperfomtanee hereunder, an equitable adjustment shall be made. and automobile public ,liability, insurancewith,bodily.injury-and dcath,Iimits of at least S300,000,fm anyone.person,M00,000.for.any. one accident. and property damage limit of S400,000. 'shall 6. TERMINATIONS. per. accident The Seller likewise require bra contractors, if any, to provide for such compensation end insurance. Before any of the Sellers or his contractors The:Purchescr iney at any time by written chengeorderr;tcrminate this agreement as to any or all portions of the goo&4lion not shipped, subject to any equitable adiustmentbetwcewthe partiesasto any work or cmployeca shall do any work upon the premisesofothcrs, the Seller shall famish the Purchaser with a certificate that such compensator and insurance have been provided. Such certificates shall specify the date when such -compensation materials then in— progress provided that the Purchaser shall not be liable for claims for anticipated profits on the uncompleted end insurance have bcenprovidedrSuch certificates shall specify the date when•sucRcompenseuch end insurancecxpire's. The Seller agrees that such compensation insurance portion o[tbe_goods and/or work, for incidental or consequential damages, and that no'wch adjustment be made in favor of the Seller with respect to end shell be maintained until after the entire work is completed end accepted. any goods which are the Selicrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 7. CLAIMS FOR ADJUSTMENT. Any 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 or resulting from clordereaim for adjustment must be asserted within thirty (30) days from the date the change or termination is 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 ofthe Purchasers officers, agents and employees from andagainst any and all claims, losses, damages, 8. COMPLIANCE WITH. LAW. The Seller warrants that all goods sold hereunder shall have been delivered charges_ or expenses, whether. direct or indirect, and whether to persons or property to which the Pumhoser may be pm or subject by reason ofany act, action, neglect, omission or default on the part;of the Seller, any of his produced, sold, and furnished in strict 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 contractors, or any of the 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 compliance. All laws and regulations required to be incorporated io agreements of, this character are hereby incorporated herein by this reference. The Seller agrees to indemnify hold account or ,by moson'of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby.egrees and the Purchaserharmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. to assume the defense thereof and to defend the same of the Scllers.own expense, to payany and all costs, charges; -attorneys fees and other expenses, any and. all judgments that may be incurred by orobtainedagainst the Purchaser at any of its or their officers, 9. ASSIGNMENT, Neither party shall assign, transfer, or convey this order, or any monies due become agents or employees in such. suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe a.Purchaser, or said parties in or as a result of such suits or other or to due hereunder without the prior written consent ofthe other party. proceedings, the Seller will at once cause the same to be dissolved and discharged bygivingbond or otherwise: The Seller and his contractors. shall take all safety precautions,. famish 10. TITLE, and.install'ell guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materiels, and items furnishedOccupational Safety and Health Act of 1976 and all rolesand regulations issued pursuant thereto. `s in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. s. Revised 03/2010 ' u^ •- ' . < ` "• ��,;_< 4, ...