HomeMy WebLinkAbout369918 ECONOMIC & PLANNING SYSTEMS - PURCHASE ORDER - 9110625PURCHASE ORDER
PO'Number Page.
City Of
9110625 .: ` `''of s
F6--rt Collins
This
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on all invoices, packing
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Date: 01/26/2011
Vendor: 369918
'Ship. To:
CITY MANAGER
E P S.ECONOMIC AND PLANNING
SYSTEMS INC
CITY OF FORT COLLINS
730 17TH ST #630
300 LAPORTE AVE'
DENVER Colorado 80202-3511
CITY HALL WEST - 1 ST FLOOR
FORT COLLINS Colorado'80521
Delivery Date: 01/25/2011
Buyer: JAMES.O'NEILL
Note:
Line Description
Quantity
Ordered
UOM Unit Price " Extended
Price
Big Box Research
1 LOT
LS 18,410.00
Total $18,410.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5006 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:Ourchasing@fcgov.com
Invoice Address:
City of FortCollins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
.- - a
Tax 4502. exemptions: l statute the City of Fon:Collins is exempt from state and local taxes. Our Exemption Number is ] 1. NONWAIVER".'"
98-04502 Federal Excise" Tax Exemptiori`,Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance. of the'terms and conditions hereof failu'ie�or delay to
Internal Revenue; Denver Colorado (Ref Colorado keivised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein m by law: failure to promptly nonfytfic Sell ain'the`event of a
breach, the acceptance of or payment for goods;rbereunder or_ipproval.of the design, shall'pot release tbe,Seller of
Goods Rejected. GOODSREIECfED due to failure to meet specifications, either when shipped or. due to defects of any of the warranties or obligations of this purchase order and shall not, be deemed a waiver of =y nghf ofthe
damage in transit, may be returned to you,:f n credit ind•'are not to be replaced except upon receipt of written purchaser to insist upon strict perforniance.hereof or anyof its nghts'or remedies as to any such goods, regardless
instructions froin"the Cityof Fort Collins: - of when shipped, received or accepted, as to any prior or subsequent default hereunder;°nor sfiall any purported
e order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. oral modification or rescission of this purchas
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual, economic practice, overcharges resulting from antitrust
ACCEPTANCE independent upon completion of all applicable required inspection procedures. violations are in fact home 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`'clihns it may now have or hereifier.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is givento, prepay freight and charge_ separately, the original. freight purchased or acquired by the Purchaser pursuant to this purchase order- t
bill must accompany invoice. Additional charges for packing will not be`accepted:'
Shipment Distance. Where manufacmrers'heve distributing points m''vanous parts of the coon 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. :.+
try, shipment is If the Purchaser directs the Sellei to Correct'nonconformmg'o?defective goodsbye date robe agreed upon by the
expected from the nearest distribution point to destmation;;and excessifreight willibe deducted from Invoice when Purchaser and the Seller, and the Seller thereafter:mdigates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. ` - may cause the work to be performed by the most expedmoiis.means evailable`to it, and the Seller shall pay all
r-' costs associated with such work. 2:' 4 :
Permits. Seller shell procure ar se]lers sole cost all necessary permits, certtlicares and licenses required by all '
applicable laws, regulations ordinances and rules of the state, municipality; territory or political subdivision where The Seller shall release the Purchaser end its contractors:of any tier from'allJiabiliry end claims of any nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the cttoimenceof such work.
of vendor.. Seller further agrees to hold the City of Fort Collins harmless, from and against all liability and loss p
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requirements. 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 Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
complete authority to bind said parties. - - �— - - - - —.
LIMITATION OF TERMS. This Purchase'Order expressly limits acceptance to the aeims and conditions stated suc6work'is performed or eau"seH to be performed by the Piirchesei: - -
.hereinset forth: and any supplementary su lemen or - additionalYermsand 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 to use any _ , design, device, material �," or pro ,. cess covered by letter, patent, trademark -
2. DELIVERY. or copyright, the Seller 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
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'of mcli
promised delivery date.as noted. Time is ofthe essence. Delivery andperformance must be effectedwithinthe time infriagement.at any- ire during the .prosecution=or.after-the completionofithe worker Incase said:equipmenq.or
stated on the; purchase order and the documents attached hereto No, acts of the Purchasers,including, without any part thereof or the intended use of the.goods, is in such suit held to constitute infringement and the use of
limitation acceptance of partial late delivenis;'shall operate as a waiver of this provision In the -event :of any delay, said equipment or part is eni.oined,:theBelleisfiell;'erits own expense and at its option, either procure for• the
the Purchaser,shall.have,:in addition to other legal and: equitable remedies,.the option,ofplacmg thisor'der,clsewhere Purchaser -the, continue using said_eggipment or:parts,.replace.the same -with -substantially. equal, but
and holding the Seller n blyfble or damages.,However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing.
due toiceusesnot reasonably foreseeable whither'¢ beyond its reasonable _control and without its,fault of negligence, ,
riots is of God; acts of civil or military aottioritics, governmental priorities, fires, strikes flood, epidemics, wars or 15. INSOLVENCY.
riots provided that notice of the conditions causing such delay is given to the. Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment,for 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, iht3�oidcr'may -forthwith be canceled by the
extended for the period equal to the time actually lost by reason ofthe delay. Purchaser without liability.
3. WARRANTY. 16. GOVERNING LAW.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable The definitions of terms used or the interpretation ofthe agreement and the 'nights of allpaities hereunder shall be
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and construed under and governed by the laws ofthe State of Co, U oloradSA.
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 The following Additional Conditions apply only in cases where the Seller `is•to'peiform work hereunder,
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller.shall replace, repair or make including the services of Sellers Repiesentative(s), on the premises of others.
good, without cost to the Purchaser, any defects or faults arising within one (1) year or within such,longer period of
time as may be prescribed by law or by the terms of any applicable warranty providedby the SelIcTaheithe dateof IV, SELLERS RESPONSIBILITY
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect The Seller shall carry on said work et Sellers own risk until the -same is futly,completed_end accepted, and shall,
or defective work done or materiels furnished by the Seller. Acceptance or use of goods by'the'Purchaser shall not m case ofany accident,'dehuction-6r tnlury to'tAe work`and/or materials befere`SellePs final completion end
constitute e waiver of shall
exteclaim wader this warranty: Except as otherwise provided in this purchase otderrthe.Sellersl ace"Insneg, complete tfie work at Sellers own expense and to the satisfaction 8tthe-Purchaser. When materials
liability hereunder shelf extend to all damages proximately caused by the breach of any of the foregoing warranties end equipment arc furnished by others for installation or erectionby the Seller,'the:Seller shelf receive, unload,
O guarantees, but such liability shell in no event include loss of profits A Toss of use. NO IMPLIED WARRANTY store and handle same at the site and become responsible therefor as though such materials and/or equipment
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being furnished by the Seller under the order:;
4. CHANGES IN LEGAL TERMS. 18. INSURANCE.
The shall, at his own expense, provide for the payment of workers compensation, including occupational
The Purchaser may make changes to legal terms by written change order.
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from shall also carry comprehensive,geneml liability including, but not limited to, contractual and automobile.public
the. quantities,originally,ordered.in. the specifications,or,drawings, by.- verbal ..or -written change. order..If any. such , Iiability .insurance,with,bodily.injury. and deathJimits of at]east $300,000,for any, gne,person, $500,000 for.any.
change effects the amount due or the time of performance hereunder, an equitable adjustment be made, one accident and property darimage limitper. accident of $400,000. The Seller shall likewise require his
6. TERMINATIONS.
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shell famish the Purchaser with a certificate
The.Ptirchasi+inayat any time by written change order„ rem» nate this agreement as to any or all portions of the that such compensation end insurance fieve been provided. Such certificates shall specify the date when such
goods then not§hipped; subject to anyequitable adlusanent betweentheparries as to any work or materials then mn compensafionand:insurance have been provided; Such certificates shall specify the date when such compensation -
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed and accepted.
favor of the 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. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
7. CLAIMS FOR ADJUSTMENT.
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 the execution of the work provided for in
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Seller wTe". detnnify and hold harmless the Purchaser and any
ordered. or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
8. COMPLIANCE WITH LAW. charges. or expenses, whether, director 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 pan of the Seller, any of his
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict contractors, or any of the Sellers or contractors officers, agents or employees. in case any suit or other
compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and proceedings shall be brought against the. Purchaser, or its officers, agents or employees at any time on account or
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be by remon'of any act, action, neglect, omission or default of the Seller of any ofhis contractors or any of its or
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to their officers, agents or employees as aforesaid, the Seller hereby agrees to.essume the defense thereofend to
indemnify and Bold the with aser
tharmless from all costs and damages suffered by the Purchaser as a result of defend the same at the Sellers. own expense, to pay. any and all costs, charges; attorneys�fees�arid other expenses,
Sellers failure to comply wfth such law. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
9.agents :or employees in such.suits or other proceedings and in case judgment or other lien be placed upon or
N ASSIGNMENT'. - obtained agetnst the property ofthe Purchaser; ur said parties in or se a result of r other
suits or be placed
upon or
Neither peen shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the the Seller will it once cause the same to be dissolvedand discharged; by giving bond or otherwise. The Seller and
prior written consent of the other party. his contractors shall take all'safety precau ons, f rinish and install all guards necessary for the prevention of
10. TITLE. 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 famished Occupational Safety and Health Act of 1970 and all rules and regulationsissued pursuant thereto _
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest Revised 03/2010
encumbrances and claims of others. - "' '
ux